OF  THE 
U N I VERS  I T Y 
Of  ILLI  NOIS 

35*077 17 
C49ar 
IS87-IQ05 


Digitized  by  the  Internet  Archive 
in  2016 


https://archive.org/details/generalordinance1887cinc 


General  Ordinances 


OF  THE 

City  of  Cincinnati 


1887  — 1905 

{March  61  Ji) 


COMPILED  BY 

EDWIN  HENDERSON 


CINCINNATI 

THE  COMMERCIAE-GAZETTE  JOB  PRINTING  CO. 
1905 


352.077/7 

C V7 

m'l-iior 


Council  of  tfic  Cilij  of  Cincinnati, 

OFFICE  OF  THE  CLERK 

Cincinnati,  March  6,  1905. 


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Honorable  Council  of  the  City  of  Cincinnati : 

Gentlemen, — 

This  compilation  of  Ordinances  and  certain 
Resolutions  of  the  Common  Council,  the  City  Council,  the 
Board  of  Legislation,  and  the  present  Council  of  the  City  of 
Cincinnati  brings  them  from  the  conclusion  of  Coppock  and 
Hertenstein  in  1887  to  this  time. 

These  Ordinances  and  Resolutions  are  such  as  are  neces- 
sary for  use  in  Courts,  and  such  as  may  be  called  of  permanent 
nature  and  making  provision  for  public  offices.  They  also 
include  all  franchises  passed  by  your  body  and  your  prede- 
cessors from  February,  1887,  to  date. 

It  will  be  observed  that  many  of  them  are  amendatory 
of  those  found  in  Coppock  and  Hertenstein. 

It  will  be  determined  as  to  a few  of  these  Ordinances 
that  they  must  be  invalid  under  the  new  “ Code,”  the  effect 
of  which  is  that  no  Ordinance  of  a date  prior  to  its  passage 
shall  continue  in  force  if  of  a nature  and  effect  that  would 
not  be  permissible  of  passage  under  it. 

Very  respectfully, 


EDWIN  HENDERSON, 


I N DEX. 


Abuse  of  family,  punishment  for 218 

Advertising  on  fences 88 

in  markets 188 

theatrical  shows,  etc.,  in  newspapers 414 

Ale-houses,  regulation  of 18 

American  Tool  Works  Company,  tramway  for 421 

Animals  (dead)  and  offal,  removal  of 149-159,541 

matter  in  Ohio  River 884 

Annexation  of  Avondale,  Clifton,  Linwood,  Riverside,  and  Westwood.  1-4,  455 
of  Bond  Hill,  Evanston,  Hyde  Park,  and  Winton  ) 


of  certain  territory  and  repeal 1,  4,  5,  6,  7,  8,  9,  10,  17,  18,  78,  525,  526 

of  Thirteenth  Ward 514 

of  various  villages  (repealed) 5 

territory  east  of  Reading  Road 533,534 

bounded  by  Spring -Grove  Avenue,  Miami  and  Erie  Canal,) 

Donnell  Street,  etc } 537’  538 

Appropriating  ordinances  (semi-annual) 20 

Ashes  in  fills 145 

hauling  of,  regulated 385 

Asylum  for  inebriates,  bequest  for 170 

Auditor’s  office,  appointments  and  duties  19,  21-23,  24,  579,  581 

oaths  and  bonds  19,  22 

to  advertise  and  sell  bonds 35,  36 

semi-annual  appropriating  ordinance  20 

Automobiles  in  streets  and  speed  of 24,  26 

minors  jumping  on  or  off 553 

Bailbonds,  fees  for,  prohibited 206 

Ball-rooms,  regulation  of 26 

Balcony  on  Fifth  Street 46 

Basements,  ventilation  of 51 

Bath-house,  free  public 581 

Bath-tubs  in  tenements 48 


(v) 


VI 


Index 


Beam,  iron,  across  Bard  Alley 568 

Beer-houses,  regulation  of. 18 

Begging,  punishment  for 218 

Bicycles  in  streets 27 

dry  strips  for 28 

protection  of. 28 

Blocked  squares 29-31,578 

in  former  village  of  Evanston 573 

ordinances  repealed 31,  32,578 

Board  of  Improvements,  repeal  of  ordinance  for.  172 

Bonds,  extension  of 33 

for  University 432 

for  Hospital 579 

official 34,  173,  491,  569,  588 

issues  ordered 34,  35,  576-578 

Bootblacks,  regulation  of. 36 

Bridges,  private,  etc.,  across  Hazeu  Alley 37 

across  Espanola  Alley  (4) 38,  40 

across  Alabama  Avenue 38 

across  John  Street 39 

across  Front  Street 39 

across  Pugh  Alley 42 

across  L’Hommedieu  Alley 42 

across  Summer  Street 43 

across  Clearwater  Street 43 

across  Culvert  Street 44 

Covington  and  Cincinnati  Bridge  Company 40,  41 

across  Lawnway  Avenue 44 

Wade  Street 45 

across  German  Alley 45 

over  sidewalks  for  building  purposes 164 

over  gutters  164 

across  Avery  Alley 553 

across  Scott  Alley/ 554 

across  Hay  Alley 563 

Buildings,  and  inspection  of,  general 51-74,74-86,87,89 

Ordinance  No.  218  as  amended 580 

construction  of,  regulated  (4220) 47 

use  of  streets  in  erecting 47 

bath-tubs  in 48 

protection  of  streets  (970) 50 

ventilation  of  cellars 51 

fences 88 

stenographer  in  department  of 87 

fees  for  permits 89 

subject  of  fire-escapes 67,  141 

Burglar-alarm  business 113-117 

Burglars,  punishment  of. 218 


Index 


vii 


Burial-ground,  city 167-170 

Business,  solicitation  of 388,  389 

license  on 500-510 

Cabmen  and  cabs 388,434,435 

Canopy,  Union  Grain  and  Hay  Elevator 575 

Carnegie,  thanks  to 583 

Carload  lots  of  produce 216 

Cartridges,  blank 528 

Cellars,  ventilation  of 51 

Central  standard  time 418 

Certificate  of  corporation  counsel  (solicitor)  as  to  improvements 171 

Chief  of  police,  permit  of,  for  processions 538 

Cincinnati  Township,  lines  of 584-587 

Cinder  paths 28 

Cinders,  hauling  of,  regulated 385 

Cisterns,  protection  of. 90 

Jackson  Street 91 

City  clerk  and  assistants 90 

City  solicitor  and  assistants 494, 549 

City  Hall,  custodian  and  employees,  and  care  of 95 

City  and  Suburban  T.  A 486 

City  Infirmary 167 

City  weigher 533 

Clerk  of  Council  and  assistants 491-493,579 

Clifton  town  hall 419 

Clutches,  automatic 384 

Coal-chute  in  Carter  Alley 94 

Coal,  sale  of,  regulated 93 

Coke,  sale  of,  regulated  93 

College  Hill,  water  for 455 

Concert-halls,  regulation  of. 26 

Conduits  for  Cincinnati  Edison  Electric  Company 121 

under  Bank  Street 93 

over  Station  Avenue 530 

Confetti,  throwing  of,  in  streets  prohibited 536 

Convict-made  goods,  labeling  of 92 

Corporation  council  ^solicitor),  department  of.  171,  494 

certificate  for  improvement 171 

Council,  officers  and  members 491-493,532,536 

duties,  compensation,  and  bonds 491-493,532,536,569 

Covers  over  gutter,  removal  of. 164 

Creeks,  protection  of. 487 

Curbing,  sandstone 576 

Dance-halls,  regulation  of. * 26 

Dangerous  explosives,  transportation  of,  through  streets 97 

Decorations,  protection  of 146 

Detectives,  private 95 

in  police  department 543 


VIII 


Index 


Dirt  in  fills 145 

District  messenger  business  (Ord.  732) 113-117 

Disturbance  of  the  peace,  punishment  for 218 

Dogs 96,  569-572 

Dynamite 97 

Eighth-street  viaduct 439 

Electricity,  restriction  of  use  of  streets  (Ord.  4042) 97 

price  of,  for  power, 516 

general  terms  and  conditions  (Ord.  4285) 98-106 

acceptance  of  bid  of  Brush  Electric  Eight  Co.  (March  5,  1890). . 106 

acceptance  of  bid  of  Cincinnati  Edison  Electric  Co.  (May  13, 1892)  107 

Cincinnati  Gas  and  Electric  Co.  (Aug.  5,  1901)  488 

discontinuance  of  gas-lighting  directed  under  the  above 108 

Gilbert  Avenue,  lighting 108 

changes  in  electric-lighting  districts 109 

lighting  of  Eden  Park,  Gilbert  Avenue,  and  Windsor  Street..  109 

Second  District,  lighting 110 

Third,  Fourth,  Fifth,  Sixth,  Seventh,  Eighth,  Ninth  districts. . . Ill,  118 

grant  to  Cincinnati  Gas  Eight  and  Coke  Co 112 

telephone,  telegraph,  district  messenger,  burglar  - alarm,  etc.l 

(Ord.  732) J 113-117 

lighting  of  Kenton-street  bridge 117 

Third  and  Fourth  districts,  territory  added  to 119 

vault  under  Charles  Street 120 

franchise  for  conduits  to  Cincinnati  Edison  Electric  Co 121 

franchise  for  lines,  poles,  wires,  etc.,  to  Cincinnati  Edison  ( 

Electric  Co \ 122 

Cincinnati  Gas  and  Electric  Co.,  recognition  of  rights  of 124 

specifications  (new)  for  lighting  by  electricity 125-141 

shifting  of  lights 584 

Elevators 67 

Engineers,  stationary 391 

Examiner  of  weights  and  measures 457 

Exhibitions  of  hypnotism  and  mesmerism  prohibited 167 

Explosives,  dangerous 97 

Expressmen 388,  434 

Express-wagons,  stands  for 434 

Farmers 388,  523 

Fences  for  advertising  purposes. 88 

Fenders  for  street  cars 284 

Fees  for  building  permits  (see  also  license) 89 

for  licenses  on  trades,  businesses,  and  professions 554-559 

for  bailbonds  prohibited 206 

for  vehicle  license 174 

for  hotel  solicitors 388 

for  itinerant  photographers 175 

for  wharfage 461-464,535 

for  hay  weighed  and  inspected 540 


Index 


ix 


Fills,  making  of. 145 

Fires,  kindling  of,  in  streets 142 

Fire-alarm  business 113-117 

Fire-escapes 67,141 

Firemen’s  pension  fund  and  relief. 143,145,514 

Fire  department,  organization  of. 144 

processions  of. 538 

Fire-engines,  right  of  way  for 141 

Fire-plugs,  protection  of 90 

Fire  Trustees  to  contract  for  telephone 142 

Flags,  protection  of 146 

Fort  Washington  monument 148 

Fountains,  watering,  for  man  and  beast 146-148,  580 

Fountain,  public  drinking,  Shannon  & Sokup 528 

Franchise  ordinances 580 

Fuel  gas 160 

Funerals  in  markets 193 

Furniture-cars,  stands  for 434,  435 

Gamblers,  punishment  of 218 

Garbage,  vegetable,  disposition  of 149-159,  529,  584 

supplemental  contract 541 

Gardeners  in  Sixth-street  Market 523 

Garfield  statue I59 

Garfield  Place,  assemblages  in,  prohibited 159 

Gas,  rights  of  Cincinnati  Gas  and  Electric  Co 124 

bid  of  accepted 488 

price  regulated 160 

conduits  for,  at  Front  and  Rose  streets 161 

natural 161 

fuel 160 

Gasoline,  handling  of 162 

sale  of 162 

contract  for  lighting  by  (contract  abandoned) 163 

Girls  as  waiters  or  bartenders 18 

in  ball-rooms,  dance  and  concert-halls 25 

Glass  in  streets 413,  414 

Glenway  Avenue  Turnpike,  purchase  of 582 

Globe  Soap  Company,  guy-ropes  for 163 

Goats,  sale  of 387 

Grade  crossings 330,342,355 

Gunpowder 97 

Gutter-plates,  use  of,  regulated 164 

removal  of 164 

Hackmen 388,  434,  435,  436 

Hackney-coaches,  stands  for,  etc 434,436,438 

Hay,  weighing  of  loose 165 

inspector  and  weigher  of 539 

Headlight  oil,  sale  of,  regulated 162 


X 


Index 


Health,  Board  of 498,535,544 

Holroyd,  Mary  E.,  gift  for  flower-market 183-185 

Hose-carts,  right  of  way  for 141 

Hose-wagons,  right  of  way  for 141 

Hospital,  new,  $1,000,000  expense  for 552 

Hotels,  solicitation  for 388,  389 

Houses,  numbering  of 204,  532 

Hucksters 388,389 

Hydrants,  public,  protection  of 90 

Hypnotism,  public  exhibitions  of,  prohibited 167 

Ice  from  dead  bodies 167 

Illustrations,  obscene  or  immoral 205 

Improvements,  regulation  of  public 171 

repeal  of  ordinance  of  February  6,  1874 512 

Board  of,  repeal  of  ordinance 172 

Inebriate  asylum,  bequest  for 170 

Infirmary,  management  of 167-170 

Insecure  buildings 52 

Inspector  of  buildings 52 

Inspector  and  weigher  of  hay 539 

Interurban  Railway  and  Terminal  Co 374-376 

Iuterterminal  Railroad... 376-382 

Itinerant  photographers 175 

Juries,  Police  Court 210 

Kids,  sale  of 387 

Kilowatts  of  electricity,  price  of 516 

Ladder-wagons,  right  of  way  for 141 

Lambs,  sale  of 387 

Laundry  in  Workhouse 92 

Lawson  Alley,  travel  in 440 

Lease  of  poor-farm 215 

Cincinnati  street  railroads 290 

Library,  Carnegie’s  gift 583 

License  fees,  facilitation  of  collection  of 174 

on  trades,  business,  and  professions 500-510 

court  decisions  upon 510 

License  for  brokers  in  transportation  tickets 177 

building  permits. . 89 

drivers  of  vehicles 435,  436 

for  hotel  solicitors 388 

for  itinerant  photographers 175 

for  pawnbrokers 178 

plumbing 206 

for  stable-keepers 177 

for  transient  dealers 176 

for  vehicles 174 

for  traffic  in  tickets  to  theaters,  etc 178 


Index 


xi 


Lighting  of  streets  by  electricity 488 

Lime,  hauling  of,  regulated 385 

Linwood  town  hall 419 

Loitering,  punishment  for 218 

Lots  (vacant)  uninclosed  a nuisance 432,  513 

Mails  of  United  States,  right  of  way  for 179 

Manure,  hauling  of,  regulated 385 

Markets,  amendments  to  original  ordinances 180-183,190,522-524 

assignments  of  stands  in 182 

buildings  and  spaces  for,  latest  amendments 190,  522-524 

cleanliness,  provisions  for 183,  199 

days  and  hours  for  (latest) 523 

deportment  in 195 

fresh  meat  in  quarters 183 

Findlay  Market 490 

fresh  meat  and  fish 196 

funerals  in 193 

hawking  in,  unlawful 188 

Elliott  flower 183-185 

music  in 188-195 

noises  for  advertising  purposes  in 188 

outcry  in,  unlawful 188 

poultry,  dressed  domestic 192 

rents  of  stalls  and  benches 195,  198-200 

Lower  (Pearl-street),  sale  of  old  house 189 

provisions  for  new  house 189,190,191 

width  of  roadway  for 193 

Northside  Market  Company 193 

Sixth-street,  sale  of  old  house  in 189 

regulation  of. 196 

provisions  for  new  house  in 189 

sale  of  live  poultry  in ■ 197 

spaces  of  and  regulation  for 186,  187,  188,  196,  522 

Wade-street  building 196,  489,  490 

Mayor’s  office,  organization  of 497 

Mesmerism,  public  exhibitions  of,  prohibited 167 

Milk-wagons  regulated 200 

Milk,  sale  of,  regulated 200,  201 

Minors  in  ball-rooms  and  dance-  and  concert-halls 26 

getting  on  or  off  cars  in  motion 255,283,553 

under  fifteen  years,  smoking  tobacco 419 

under  eighteen  years,  driving  teams  in  streets 438 

playing  slot  machines 513 

sale  of  pistols  to 528 

Misdemeanors,  amendment  of  original  ordinance  (see  various  subjects)  218 

Monument,  Fort  Washington 148 

Garfield 159 


XII 


Index 


Music  in  markets 195 

halls,  tickets  to 178 

in  Eden  Park,  Schmidlapp  gift 202 

Nails  in  streets 418,414 

Names  of  streets 892-412,579 

Nitro-glycerine 97 

Notice  clerks  of  Council 493,  536 

Numbering  of  houses 204,532 

Offal  (animal),  removal  of 149-159 

Opera-houses,  construction  of 74-86 

tickets  to 178 

Outdoor  poor,  relief  of. 167-170 

Paper,  sweepings  into  streets 413 

throwing  into  streets 536 

Parades,  protection  of. 205 

regulation  of . 538 

Park,  music  in  Eden 202 

university  in  Burnet  Woods 427 

automobiles  in 26 

Pawnbrokers,  license  of 178 

Peddlers 388 

Penitentiary-made  goods,  labeling  of 92 

Personal  property,  sale  of 511 

Peters,  Johanna,  bequest  of 170 

Photographers,  itinerant 175 

Pickpockets,  punishment  of 218 

Pictures,  unbecoming,  obscene,  or  immoral 205 

Pipes  for  heating  in  St.  James  Avenue 390 

Times-Star  Co.,  Sixth  Street 391 

Barron-Boyle  Co 427 

Rheinstrom,  Bettman,  Johnson  & Co.... 517 

right  to  lay,  by  Thomas  A.  Quill 488 

across  Produce  Alley 582 

beneath  Elm  Street 559 

Plumbing 206 

Police  Court,  jurors 210 

interpreter  of 206 

additional  deputies  of,  and  duties 206 

fines,  penalties,  and  forfeitures 207-209 

fees  for  bailbonds  prohibited 207 

summons  to  court  in  certain  cases 208 

salaries 211 

Police  department,  organization  of. 214,  543 

Policemen,  private 96 

Police,  processions  of 538 

Police  relief  fund 212,514 

Polling-houses,  protection  of 215 


Index 


xiii 


Poor-farm,  lease  of 

Poor,  relief  of  outdoor 

Porter-houses,  regulation  of. 

Posting  of  bills,  pictures,  and  illustrations 

Power,  safety  attachments  for 

Prison-made  goods,  labeling  of 

Processions,  regulation  of 

Produce,  sale  of,  regulated 

Professions,  license  on 

Prostitutes,  common,  punishment  of 

Protection  of  police  patrol  service 

of  polling-houses 

of  parades  

of  cisterns,  hydrants,  and  fire-plugs 

of  decorations 

of  flags 

Public  improvements 

Public  meetings  in  Garfield  Place.  

Punishment  for  certain  crimes  and  misdemeanors 

Queen-City  Natural  Gas  and  Fuel  Co 

Box  Co.,  track 

Quill,  Thomas  A.,  right  to  lay  pipes 

Railroad  ticket  broker’s  license 

RAILROADS  (STREET):  Cincinnati  and  Clifton  Division 

Cincinnati  and  Eastern  Electric  Railway  Co 

Cincinnati  and  Suburban  Electric  Co 

Cincinnati  Traction  Co 

change  of  Mulberry  Route 

change  of  Third-  and  Fifth-street  Route 

amendment  of  Clause  8,  Section  18,  General  Ordinance.  . . 

Sections  1 and  2 

Section  11 

extension  of  and  electric  system  for  Route  2,  Newport 

Cincinnati  Co 

for  Route  2 

for  Route  5 

for  Route  9 

for  Route  13 

for  Route  18 

for  Eighth-street  Route 

fenders  for  all  electric  and  cable  cars 

forfeiture  in  Cincinnati  and  Spring-Grove-avenue  Route.. 

guards  to  cable  cars 

heating  of  closed  cars  required 

intersecting  streets,  watchmen  at 

Interurban  Railway  and  Terminal  Co 

illuminated  signs  for  cars  required 


215 

. ..  167-170 
18 
205 
384 
92 
538 

...  216,217 

...  500-510 
218 
211 
215 
205 
90 
146 
146 

171, 172,  512 
159 
218 
161 
518 
488 
177 
236 
374 

...  251-253 
290 
290 
547 
279 
286 
287 


234, 260 
236 
230,  246 
222 
225 
544-547 

284 
280 
221 
276 
254 

374-376 

285 


XIV 


Index 


Railroads  (Street):  lease  of. 290 

minors  not  to  get  on  or  off  cars  in  motion 255,283,553 

Mulberry  Route  changed 290 

obstruction  of  roads  unlawful 283,288 

one  per  cent  of  gross  receipts 288 

open  cars  in  summer  required 277 

payment  of  dues  on  cars  (latest) 286,287,288 

removal  of  Liberty-street  tracks 282 

Routes  7 and  5,  repealing  ordinance  of 265 

Route  23  established,  grant  of 232,242,256 

Route  24  established,  grant  of 242,  251 

Route  25  established,  grant  of 266,  281 

safety  guards  for  cable  cars 221 

for  all  cars 255 

signs,  illuminated 485 

Spring-Grove  Avenue,  extension  of. 220 

South  Covington  & Cincinnati  line  over  portion  of  Route  9-.  230 

stoppage  signs  for  cable  and  electric  cars 229 

supplement  and  amendment  to  Clause  8,  Section  18,  General) 

Ordinance \ 278’  279 

time  for  running  cars  and  intervals  between 277,278,279 

Dorchester-avenue  tracks 580 

track  across  Eastern  Avenue 530 

watchmen  required  at  Fifth  and  Walnut  streets 222 

at  Gilbert  Avenue  and  McMillan  Street 243 

at  Court  Street  and  Broadway 253 

at  Sixth  Street  and  Broadway 253 

at  Sixth  and  Walnut  streets 253 

at  Fifth  and  Walnut  streets 253 

at  Elder  aud  Vine  streets 254 

at  Elder  and  Elm  streets 254,282 

at  Fifth  Street  and  Broadway 253 

at  Rookwood  and  Delta  stations 254 

at  Freeman  Avenue  and  Liberty  Street 283 

RAILROADS  (STEAM) : Cincinnati  Southern,  vote  on  proposition') 

for  sale  of. j ^7^ 

safety  gates  for,  at  Third  Street  and  Eggleston  Avenue 291 

at  Fifth  Street  and  Eggleston  Avenue 291 

at  Harrison-avenue  crossing 299 

at  intersection  of  McLean  Avenue  and  Liberty  Street 300 

at  Beekman-street  crossing 304 

track  elevation  aud  subways 382 

tracks  for  C.  H.  & D.  Railroad  across  Freeman  Avenue 291 

across  Evans  Street 298 

across  Cherry  Street 346 

across  Powers  Street 347 

grade  crossings,  Harrison  Avenue 342 


Index 


xv 


Railroads  (Steam)  : 

C.  C.  C.  & St.  L.  Railway  across  Sixth  Street,  west  of  Carr  ....  303 

across  Harriet  Street,  north  of  Sixth 330 

across  Central  Avenue  (four  tracks) 336 

across  Pearl  and  Plum  streets 347 

across  Sixth  Street,  west  of  Carr  Street 349,  351 

P.  C.  C.  & St.  L.  Railway  in  Vine  Street  south  of  Front 306 

in  Water  Street,  west  from  Walnut 314 

in  Second  and  Front  streets 318 

in  Lawrence  Street 318 

in  Butler  Street  (two  tracks) 328 

in  Front  and  Elm  streets 352 

in  Front  Street,  between  Central  Avenue  and  Plum  Street. . 561 

in  Front  and  Smith  streets 576 

in  Eggleston  Avenue 254,  361,  521,  562 

across  Niagara  Street  (also  L.  M.  Railroad) 357 

in  Water  Street,  between  Main  and  Walnut 357 

for  Globe  Rolling  Mill  Co.,  repeal 258 

in  Water  Street,  west  of  Central  Avenue 359 

in  Water  Street,  west  of  Walnut  Street 360 

in  Water  Street,  east  of  Walnut 551 

grade  crossings 355 

B.  & O.  S.  W.  Railway  in  Second  and  John  streets 310 

in  Front  Street 340 

grade  crossing,  Harrison  Avenue 342 

crossing  Queen-City  Avenue 341 

at  Front  and  Mill  streets 343,  344 

across  Park  Alley 344 

in  Park  Street 331 

across  Central  Avenue  (four  tracks) 334 

in  Valley  and  Eilac  streets,  etc 337 

in  Marshall  Avenue  and  intersecting  streets 337 

across  Smith  Street,  north  of  Second  560 

Louisville  & Nashville  Railroad  Co.,  extension 564-568 

Austin  Pressed  Brick  and  Tile  Co 524 

Chicago,  Cincinnati  & Louisville  \Cin.  & Ind.  West) 370-374 

Cincinnati  Interterminal  Railroad 376-382 

Cincinnati  & Indiana  Western  Railroad  Co 366-370,370-374 

Cincinnati  Northwestern  Railway  Co 362,  364 

Cincinnati  & Westwood  Co 365 

Cincinnati  (Lebanon)  & Northern  R.  R.  Co 322,  326,  520 

Cincinnati,  New  Orleans  & T.  P.  (McLean  Avenue  with  turnouts)  344 

Flint  and  Wade  streets 526 

Water  Street 521 

S.  Obermayer  Co.,  across  Evans  Street,  south  of  Eighth 293 

Hall’s  Safe  and  Lock  Co.,  across  Central  Avenue 294 

Lane  & Bodley  Co.,  in  John  Street,  south  of  Water 295 


XVI 


Index 


Railroads  (Steam)  : 

Superior  W.  P.  & M.  Co.,  in  McLean  Avenue,  south  of  Gest  . . 301 

John  B.  Morris  Foundry  Co.,  across  New  Court  Street 302 

Kineon  Coal  Co.,  Smith  Street  (elevated  double  track).  305 

Kruse  & Bahlman  Co 421 

Queen-City  Box  Co 518-520 

American  Tool  Works  Co 421 

watchmen  required  at  Harrison  and  Queen-City  avenues 293 

at  Liberty-street  crossing  of  McLean  Avenue 298,  300 

at  Harrison-avenue  crossing  of  C.  & W.  Railroad  Co 299 

at  Beekman-street  crossing  of  C.  & W.  Railroad  Co 304 

wall  or  iron  fence  required  between  tracks  and  roadway  of  1 

east  Front  Street j 

obstruction  by  locomotives  or  cars  of  Eastern  Avenue  at  Rook- ) 

wood  or  Delta  prohibited ) 

P.  C.  C.  & St.  L.  Railway  Co.,  wires  on  Eastern  Avenue 327 

stoppage  of  vehicles  and  street  cars  at  crossings 330 

grade  crossings,  to  abolish 342,355,382 

Harrison  Avenue . . 342 

along  line  of  P.  C.  C.  & St.  L.  Railroad 355 

minors  getting  on  or  off  cars 255,553 

Reduction  (Cincinnati)  Co 151,541 

Repair  of  sidewalks 512 

Right  of  way  in  streets 413,548 

River,  protection  of 384,  487 

Ropes,  inspection  of 87 

Safety,  Board  of  Public 172,510,511,512,542 

Safety  attachments  for  power 384 

Salaries  of  officers 173 

Public,  directors  of  (Service  and  Safety) 172,173 

Salvage-corps  wagon,  right  of  way  for 141 

Sawdust,  hauling  of,  regulated 385 

Scales  in  streets 385,386,549,550,574,578 

patent  spring  balance 386 

Scalpers 177 

Schmidlapp  gift  for  music 202 

Schorr  Alley,  regulating  use  of. 574 

Sergeant-at-arms  and  assistant 387,  492 

Service,  Public,  directors  of. 172 

Service,  Board  of  Public,  a Board  of  Health 535 

Sheep,  sale  of. 387 

Shops  (liquor) 18 

Sidewalks,  construction  of. 512 

Signaling  business 113-117 

Signs 572 

Sinking  Fund,  Board  of  Trustees  of 498,499,517,542 

Slot  machines 513 


Index 


xvii 


Smoke,  to  regulate  emission  of 

Smoking  of  tobacco  by  minors 

Solicitor’s  office 

Soliciting  of  trade 

Spring  balance  scales 

Sprinkling  of  streets 

Stable-keepers’  license 

Standard  time 

Statue,  Garfield 

Stationery  storekeeper,  City  Hall 

Stationary  engineers 

Straw,  sale  of 

Steamboat  loads  of  produce 

Steamship  ticket  brokers 

Steam-whistles,  blowing  of,  prohibited 

Storm-doors  (see  Vestibule) 

Stores,  temporary 

Streets,  names  of 

parades  in 

protection  of. 

right  of  way  in 

Subways 

Superintendent  of  track  elevation 

Supervising  engineer’s  department. . . . 

Suspicious  persons 

Sweepings  into  streets 

Taverns,  regulation  of. 

Telegraph,  City  and  Suburban 

business 

Ohio  T.  & T.  Co 

Telephone  business  

for  fire  department 

Tenement-houses 

Theatrical  exhibitions 

Theaters,  construction  of. 


495 

419 

171,494,  549 

888,389 

386 

28 

177 

418 

159 

90 

391 

540 

216 

177 

464 

531 

176 

392-412,  579 

538 

413 

413,548 

382,  383,  425,  426,  548,  563 

382 

495 

218 

413 

18 

486 

113-117 

415-418 

113-117,  486 

s 142 

48 

178,414 

74-86 


tickets  to 178,414 

Thieves,  punishment  of 218 

Thoms,  Matthew  H.,  devise  of 431 

Time,  central  standard 418 

Time-table  for  street-lighting 583 

Tobacco,  smoking  of,  by  minors 419 

Torpedo  canes 528 

Town  halls,  management  and  control  of  those  of  annexed  villages.  419 

Township  lines 584-587 

Toy  pistols,  etc 528 

Track  elevation 342,  355,  382,  383,  563 

Trade,  solicitation  of. 388 


XVIII 


Index 


Trades,  license  on 500-510 

Tramways 421 

Transient  dealers 176 

Treasurer,  city,  office  of . . . . 24,  241,  422,  579 

Trick  games,  punishment  for 218 

Tunnel  under  Pleasant  Street 424 

Harrison  Avenue 425 

Margaret  Alley 427 

Lawnway  Avenue 425 

Shillito  Place 426 

German  Alley 45 

United  States  mails,  right  of  way  for 179 

University  of  Cincinnati  in  Burnet-Woods  Park 427 

devise  of  Matthew  H.  Thoms  for 481 

bonds  for 482 

Vacant  lots,  nuisance  of 432,  513 

Vagrancy,  punishment  of. 218 

Vault  under  Charles  Street 120 

Vegetable  garbage,  disposition  of 149-159,584 

matter  in  Ohio  River 384 

Vehicles,  license  and  stands  for,  etc 434-440 

age  limit  as  to  drivers  of.  438 

badges  for  drivers  of. 435 

facilitation  of  collection  of  license  for 174 

licenses  for 435,436 

rights  and  conduct  of  licensed  drivers  of 436 

right  of  way  in  streets 413,  548 

stands  for. 434,  435 

viaduct,  Eighth-street,  driving  on '. ...  439 

at  railroad  crossings 330 

Ventilation  of  cellars  and  basements 51 

Vestibules,  Ingalls  Building 531 

Traction  Building 569 

Wagon-scales  in  streets 385,386 

Wards,  boundaries  of. 17,441-454,455 

Watchmen,  private  (see  also  street  and  steam  railroads) 95 

Watercourse,  protection  of ...... . 487 

Water,  unnecessary  waste  of 487 

for  College  Hill 455 

Watering-fountains  for  man  and  beast 146-148,580 

Weeds 513 

Weigher,  city 533 

Weights  and  measures 457,533 

Weighing  of  loose  hay 165,  539 

coal 93 

Westwood  town  hall 419 


Index 


xix 


Wharfage  and  Wharfmaster 458-464 

wharfage,  fees  for 461-464,535 

receipts  and  expenditures  regulated . 459 

revenue  to  be  credited  to  General  Fund 460 

Wharfmaster,  appointment  of 458 

messenger  for 459 

assistant  to 460 

Wharf-register,  office  of,  abolished 458 

Whistles  (steam),  blowing  of,  prohibited 464 

Wire  in  streets 414 

Wires,  unauthorized  laying  of. 465 

for  American  Cab  Co 485 

for  American  Oak  Feather  Co . 473 

for  Arctic  Ice  Co 482 

for  Becker,  A 478 

P.  C.  C.  & St.  L.  Railroad  in  Eastern  Avenue 327 

for  Buckeye  Brewery 473,  474 

for  Butler,  Joseph  C.  (repealed) 483 

for  City  and  Suburban  Telegraph  Association 486 

for  Cohen  & Co 480 

for  Davis  & Egan  Machine  Tool  Co 467 

for  Dalton,  Daniel  J 479 

for  Emerys 481 

for  Gambrinus  Stock  Co. 471 

for  Heekin,  James 478 

for  Hudepohl  & Kotte ...  473,  474 

for  Jung  Brewing  Co 475 

for  Kaufman  Brewing  Co 472 

for  Kreiss,  Henry  J 477 

for  Moerlein  Brewing  Co 469,470 

for  Reuter,  Win.  G 466 

for  Rheinstrom,  Bettmann,  Johnson  & Co 465 

for  Roth  Packing  Co 468 

for  Sauerston  & Brown 481 

for  Schmidt  & Shaffer 472 

for  Schopper,  F.  D 477 

for  St.  Clair  Cab  and  Mounted  Messenger  Co 484 

for  United  States  Printing  Co 468,  469 

for  Wilmer  Building  Co 483 

for  Windisch-Muhlhauser  Brewing  Co 476,516 

Women  as  waiters  or  bartenders 18 

Workhouse 92 

Zoological  Garden,  annexation  of,  to  Thirty-first  Ward 6 

proposition  for  purchase  of,  and  vote  on  same 487 


General  Ordinances 


1887-1905 

( March  6th) 


CITY  OF  CINCINNATI 


GENERAL  ORDINANCES. 


No.  127.  Passed  October  2,  1891. 

To  annex  territory  to  the  Twenty-eighth  Ward. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati : 

SEC.  1.  That  the  annexation  to  the  city  of  Cincinnati  of 
the  territory  hereinafter  described  to  be  a part  of  the  Twenty- 
eighth  Ward  is  hereby  authorized,  viz.:  That  part  of  Section  15 
in  Millcreek  Township,  Hamilton  County,  Ohio,  beginning  at 
the  intersection  of  the  east  line  of  Carthage  Turnpike,  with 
the  south  line  of  Section  15,  thence  west  with  the  south  line 
of  Section  15  to  the  middle  of  the  Carthage  Turnpike,  thence 
northwardly  along  the  middle  of  the  Carthage  Turnpike  to  the 
south  line  of  Fisher  Avenue,  thence  eastwardly  with  the  south 
line  of  Fisher  Avenue  to  the  east  line  of  Carthage  Turnpike, 
thence  southwardly  with  the  east  line  of  Carthage  Turnpike  to 
the  south  line  of  Section  15,  the  place  of  beginning,  being  the 
east  one  half  of  the  said  Carthage  Turnpike,  from  the  south 
line  of  Section  15  to  Fisher  Avenue. 

Sec.  2.  That  the  corporation  counsel  is  hereby  authorized 
to  prosecute  the  proceedings  necessary  to  effect  such  annexation. 

NO.  822.  Passed  August  10,  1894. 

Declaring  the  intention  of  the  City  of  Cincinnati  to  annex  the  con- 
tiguous municipal  corporations  of  Avondale,  Clifton,  Linwood, 
Riverside,  and  Westwood  to  the  corporate  limits  of  said  city. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati : 

Sec.  1.  That  its  intention  is  hereby  declared  to  annex  to 
the  corporate  limits  of  the  city  of  Cincinnati  the  following 


2 


Ordinances  of  the  City  of  Cincinnati 


municipal  corporations  lying  within  the  county  of  Hamilton, 
and  located  contiguous  to  the  said  city  of  Cincinnati,  viz. : The 
villages  of  Avondale,  Clifton,  Linwood,  Riverside,  and  West- 
wood,  according  to  their  respective  boundaries  as  now  established 
by  law  and  the  records  of  Hamilton  County,  to  which  reference 
is  hereby  made  for  a more  particular  description. 

Sec.  2.  That  upon  the  passage  of  this  ordinance  it  shall 
be  the  duty  of  the  mayor  of  the  city  of  Cincinnati  to  cause  this 
ordinance  to  be  published  once  a week  for  four  consecutive 
weeks  in  two  newspapers  published  and  of  general  circulation 
in  Hamilton  County ; and  if  there  be  any  objection  to  or  remon- 
strances against  the  proposed  annexation,  the  same  shall  be 
filed  with  the  clerk  of  the  Board  of  Legislation  of  said  city,  and 
said  clerk  shall  present  the  same  at  the  next  regular  meeting 
of  the  board,  and  the  board  will  hear  all  objections  and  remon- 
strances, and  finally  determine  the  same  by  ordinance. 

No.  830.  Passed  September  21,  1894. 

Disposing-  of  the  objections  to  and  remonstrances  ag-ainst  the  annex- 
ation of  the  municipal  corporations  of  Avondale,  Clifton,  Linwood, 
Riverside,  and  Westwood  to  the  corporate  limits  of  the  City  of 
Cincinnati. 

Whereas , On  the  10th  day  of  August,  1894,  an  ordinance 
was  passed  by  the  Board  of  Legislation  of  the  city  of  Cincinnati 
declaring  the  intention  of  said  city  to  annex  the  municipal  cor- 
porations of  Avondale,  Clifton,  Linwood,  Riverside,  and  West- 
wood  to  the  corporate  limits  of  the  city  of  Cincinnati ; and 
Whereas , The  mayor  of  the  city  of  Cincinnati  has  caused 
said  ordinance  to  be  published  once  a week  for  four  consecutive 
weeks  in  two  newspapers  published  and  of  general  circulation 
in  the  county  of  Hamilton ; and 

Whereas , Certain  objections  to  and  remonstrances  against 
the  proposed  annexation  have  been  filed  with  the  clerk  of  the 
Board  of  Legislation  of  the  city  of  Cincinnati,  and  by  said  clerk 
presented  to  said  board  at  its  next  regular  meeting ; and 

Whereas , Said  board  is  now  fully  advised  of  the  reasons 
presented  against  the  annexation  of  said  municipal  corporations, 


Ordinances  of  the  City  of  Cincinnati 


3 


and  has  heard  all  persons  desiring  to  be  heard  on  said  subject : 
Now,  therefore — 

SEC.  1.  Be  it  ordained  by  the  Board  of  Legislation  of  Cin- 
cinnati, That  in  the  opinion  of  said  board  the  objections  to 
the  annexation  of  the  municipal  corporations  of  Avondale, 
Clifton,  Linwood,  Riverside,  and  Westwood  to  the  corporate 
limits  of  the  city  of  Cincinnati,  and  the  remonstrances  against 
the  same,  do  not  constitute  valid  objections  to  said  annexation, 
and  this  board  hereby  determines  that  the  same  are  not  well 
taken. 

No.  841.  Passed  October  5,  1894. 

To  annex  the  contiguous  municipal  corporations  of  Avondale,  Clifton, 
Lin  wood,  Riverside,  and  Westwood  to  the  corporate  limits  of  the 
City  of  Cincinnati,  and  to  fix  the  time  for  holding  an  election  to 
determine  whether  said  municipalities  shall  he  annexed. 

Whereas , On  the  10th  day  of  August,  1894,  an  ordinance 
was  passed  by  the  Board  of  Legislation  of  the  city  of  Cincinnati, 
declaring  the  intention  of  said  city  to  annex  the  municipal 
corporations  of  Avondale,  Clifton,  Lin  wood,  Riverside,  and 
Westwood  to  the  corporate  limits  of  the  city  of  Cincinnati 
under  and  by  virtue  of  certain  acts  of  the  General  Assembly 
of  the  State  of  Ohio  ; and 

Whereas , The  mayor  of  the  city  of  Cincinnati  on  the  21st 
day  of  August,  1894,  caused  said  ordinance  to  be  published  once 
a week  for  four  consecutive  weeks  in  two  newspapers  published 
and  of  general  circulation  in  the  county  of  Hamilton  ; and 

Whereas , Certain  objections  to  and  remonstrances  against 
. the  said  proposed  annexation  were  filed  with  the  clerk  of  the 
Board  of  Legislation  of  the  city  of  Cincinnati,  and  thereafter 
presented  to  said  board  for  consideration  ; and 

Whereas , The  said  board  at  its  next  regular  meeting,  after 
due  notice,  heard  said  objections  and  remonstrances,  and  deter- 
mined that  the  same  were  not  well  taken  : Now,  therefore — 
Sec.  1.  Be  it  ordained  by  the  Board  of  Legislation  of  Cin- 
cinnati, That  the  municipal  corporations  of  Avondale,  Clifton, 
Linwood,  Riverside,  and  Westwood  are  hereby  annexed  to  the 


4 


Ordinances  of  the  City  of  Cincinnati 


city  of  Cincinnati,  subject  to  the  election  provided  for  by  law  ; 
and  the  time  for  holding  said  election  to  determine  whether 
said  municipalities  shall  be  annexed  is  hereby  fixed  on  Tuesday, 
the  6th  day  of  November,  1894. 

SEC.  2.  That  all  ordinances  inconsistent  herewith  be  and 
the  same  are  hereby  repealed. 

NO.  43.  Passed  July  6,  1897. 

Annexing  certain  territory  to  the  City  of  Cincinnati. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati : 

SEC.  1.  That  the  annexation  to  the  city  of  Cincinnati  of 
the  territory  hereinafter  described  be  and  the  same  is  hereby 
authorized. 

Tract  No.  1 — Beginning  at  the  northeast  corner  of  Section 
No.  3 of  Millcreek  Township;  thence  south  along  the  west  line 
of  Section  No.  3,  Millcreek  Township,  a distance  of  six  hundred 
feet ; thence  east  a distance  of  four  hundred  and  thirty-one  and 
thirty-eight  hundredths  feet ; thence  south  a distance  of  five 
hundred  and  fifty-eight  feet ; thence  east  a distance  of  three 
hundred  and  seventy-two  feet,  more  or  less,  to  the  west  line 
of  C.  C.  Bragg’s  50.75-acre  tract ; thence  south  along  said  west 
line,  being  the  present  corporation  line  of  the  city  of  Cincinnati, 
a distance  of  eighteen  hundred  and  twenty-eight  feet,  more  or 
less,  to  the  south  line  of  C.  C.  Bragg’s  50.75-acre  tract ; thence 
east  along  said  south  line  a distance  of  eight  hundred  and  nine 
and  sixteen  hundredths  feet  to  the  east  line  of  C.  C.  Bragg’s 
50. 75 -acre  tract;  thence  north  along  said  east  line  to  the 
north  line  of  said  C.  C.  Bragg’s  50.75 -acre  tract,  being  the 
north  line  of  Section  3,  Millcreek  Township,  and  the  corpora- 
tion line  of  the  city  of  Cincinnati ; thence  west  along  said 
north  line  of  Section  3,  Millcreek  Township,  and  the  corpo- 
ration line  of  the  city  of  Cincinnati  to  the  northeast  corner  of 
Section  3,  Millcreek  Township,  and  the  place  of  beginning. 

Tract  No.  2 — Beginning  at  a point  in  the  east  line  of  Reading 
Road,  where  the  same  intersects  the  south  line  of  Section  10, 


Ordinances  of  the  City  of  Cincinnati 


5 


Millcreek  Township,  being  the  present  corporation  line  of  the 
city  of  Cincinnati ; thence  northeast  along  the  northeast  line 
of  Reading  Road  to  a point  north  of  Hopkins  Avenue,  directly 
opposite  the  line  that  divides  lots  23  and  22  and  20  and  21 
of  Joseph  W.  Blachley’s  farm  subdivision ; thence  northwest 
crossing  the  Reading  Road  and  continuing  on  said  lot  - line 
before  described  to  Blachley  Avenue ; thence  in  a westerly  and 
southerly  direction  along  the  northeast  line  of  Blachley  Avenue 
to  the  southwest  side  of  Paddock  Road  ; thence  south  along 
the  southwest  side  of  Paddock  Road  to  a point,  said  point 
being  220  feet  from  the  west  line  of  Reading  Road  at  right 
angles ; thence  southwest  following  the  dividing  line  between 
lots  33  to  39  and  23  to  30  of  Rose -Hill  Park  Subdivision, 
Avondale,  by  Robert  Mitchell,  to  the  south  line  of  Section  10, 
Millcreek  Township,  and  the  corporation  line  of  the  city  of 
Cincinnati;  thence  east  along  the  south  line  of  Section  10, 
Millcreek  Township,  and  the  corporation  line  of  the  city  of 
Cincinnati  to  the  east  line  of  the  Reading  Road,  the  place  of 
beginning,  and  the  corporation  line  of  the  city  of  Cincinnati. 

SEC.  2.  That  the  corporation  counsel  of  the  city  of  Cincin- 
nati is  hereby  authorized  to  prosecute  the  proceedings  necessary 
to  effect  such  annexation. 

NO.  470.  Passed  May  7,  1900. 

Declaring-  the  determination  of  the  Board  of  Legislation  of  the  City 
of  Cincinnati  to  annex  to  the  corporate  limits  of  said  city  certain 
territory  within  the  limits  of  Hamilton  County,  Ohio,  in  pursuance 
of  an  act  entitled  “An  act  to  authorize  cities  of  the  first  grade 
of  the  first  class  to  annex  contiguous  and  adjacent  territory  com- 
prising various  political  subdivisions  of  the  county  in  which  such 
city  shall  be  situate,”  passed  by  the  74th  General  Assembly  of 
the  State  of  Ohio.  [Repealed  by  Ordinance  No.  472,  passed  May 
21,  1900.] 

[This  territory  included  Evanston,  Hyde  Park,  Norwood,  Delhi,  Fernbank, 
Home  City,  Bond  Hill,  Carthage,  College  Hill,  Elmwood  Place,  St.  Bernard, 
Winton  Place,  Arlington  Heights,  Hartwell,  Dockland,  Wyoming,  Reading, 
Pleasant  Ridge,  Addyston,  and  Oakley. 


6 


Ordinances  of  the  City  of  Cincinnati 


No.  621.  Passed  February  25,  1901. 

To  annex  territory  to  the  Thirty-first  Ward. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati : 

SEC.  1.  That  the  territory  bounded  and  described  as  fol- 
lows, to-wit : That  part  of  Section  15,  formerly  in  Millcreek 
Township,  Hamilton  County,  Ohio,  and  formerly  within  the 
limits  of  the  village  of  Avondale  in  said  county,  and  formerly 
a part  of  the  Twenty -eighth  Ward,  and  more  particularly 
described  as  follows  : commencing  in  the  south  line  of  said 
Section  15  at  a point  which  is  the  southeast  corner  of  the 
Zoological  Gardens;  thence  along  the  east  line  of  the  Zoological 
Gardens  northwardly  to  Forest  Avenue  ; thence  westwardly 
along  said  Forest  Avenue  to  the  west  line  of  Cincinnati  and 
Spring -Grove  Narrow-gauge  Railroad;  thence  northwardly 
along  the  said  west  line  of  said  railroad  with  the  courses  and 
distances  thereof  as  projected  and  partly  constructed  to  the 
easterly  line  of  the  Carthage  Turnpike  ; thence  southwardly 
along  the  said  easterly  line  of  tlue  Carthage  Turnpike  with  the 
courses  and  distances  thereof  to  the  said  south  line  of  Section  15; 
thence  eastwardly  along  said  south  line  of  Section  15  to  the 
place  of  beginning, — be  and  the  same  is  hereby  annexed  to 
and  made  a part  and  parcel  of  the  Thirty-first  Ward  of  the  said 
city  of  Cincinnati. 

SEC.  2.  All  ordinances  and  parts  of  ordinances  heretofore 
passed  that  are  inconsistent  with  the  provisions  of  this  ordi- 
nance be  and  the  same  are  hereby  repealed. 

No.  741.  Passed  October  14,  1901. 

Annexing-  certain  territory  to  the  City  of  Cincinnati. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati : 

SEC.  1.  That  the  annexation  to  the  city  of  Cincinnati  of 
the  territory  hereinafter  described  be  and  the  same  is  hereby 
authorized:  Commencing  at  the  northeast  corner  of  Section  6, 
Delhi  Township  ; thence  west  along  the  north  lines  of  Sections 
6 and  12  of  said  township  to  a point  midway  between  the  east 


Ordinances  of  the  City  of  Cincinnati 


7 


and  west  lines  of  Section  12,  said  point  being  the  half  section 
line ; thence  south  on  a straight  line  along  said  half  section 
line  and  a road  west  of  St.  Joseph’s  cemetery  to  the  south  line 
of  Section  12  and  the  Foley  Road ; thence  east  along  the  south 
lines  of  Sections  12  and  6 to  the  east  line  of  Section  6 ; thence 
north  along  the  east  line  of  Section  6 to  the  place  of  beginning. 

Sec.  2.  That  the  corporation  counsel  of  the  city  of  Cin- 
cinnati is  hereby  authorized  to  prosecute  the  proceedings  neces- 
sary to  effect  such  annexation. 

[Note. — Annexation  accepted  by  Ordinance  No.  836,  passed  April 
28,  1902,  and  completed  by  clerk’s  certification  May  5,  1902  ; and  this 
territory  annexed  to  (then)  Twenty-ninth  Ward  by  Ordinance  No.  851, 
passed  June  2,  1902.] 


No.  935.  Passed  September  23,  1902. 

Authorizing-  the  annexation  of  contiguous  territory  to  the  City  of 
Cincinnati. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati : 

SEC.  1.  That  the  annexation  to  the  city  of  Cincinnati  of 
the  territory  hereinafter  described  and  indicated  on  plat  hereto 
attached,  to  be  part  of  the  Thirty-first  Ward,  be  and  the  same 
is  hereby  authorized,  to-wit : Commencing  in  the  east  corpora- 
tion line  of  the  city  of  Cincinnati  where  the  north  line  of 
Mitchell  Avenue  intersects  the  center  line  of  Carthage  Pike ; 
thence  southwardly  along  said  eastern  corporation  line  and 
center  of  Carthage  Pike  to  the  south  line  of  Section  16,  Mill- 
creek  Township,  and  the  north  corporation  line  of  Cincinnati ; 
thence  eastwardly  along  the  south  lines  of  Sections  16  and  10 
to  a point  in  the  south  line  of  said  Section  10  where  the  corpo- 
ration line  of  the  city  bears  northwardly ; thence  northwardly 
along  the  corporation  line  of  the  city  through  the  Rose-Hill 
Park  Subdivision  to  Paddock  Road  ; thence  northwestwardly 
along  the  corporation  line  and  the  west  line  of  Paddock  Road 
and  the  west  line  of  lot  No.  11,  Blachley’s  farm,  to  the  points  of 
intersection  of  lots  Nos.  17,  18,  and  11,  Blachley  farm;  thence 
west  on  the  south  line  of  lots  Nos.  16  and  17,  Blachley  farm, 


8 


Ordinances  of  the  City  of  Cincinnati 


to  the  southwest  corner  of  lot  No.  16,  Blachley  farm  ; thence 
north  on  the  west  line  of  lots  Nos.  16  and  35,  Blachley  farm, 
where  said  line  meets  the  corporate  limits  of  the  village  of 
St.  Bernard,  which  is  the  northwest  corner  of  the  Blachley 
farm:  all  the  foregoing  description  along  the  Blachley -farm 
property  being  the  southwest  boundary  line  of  the  village  of 
Bond  Hill ; thence  west  and  south  along  the  corporation  line 
of  St.  Bernard  to  Mitchell  Avenue ; thence  west  on  Mitchell 
Avenue  and  south  corporation  line  of  St.  Bernard  to  the  place 
of  beginning. 

Sec.  2.  That  the  corporation  counsel  is  hereby  authorized 
to  prosecute  the  proceedings  necessary  to  effect  such  annexation. 

[NOTE. — Injunction  proceedings  commenced  April  7,  1903,  and 
temporary  restraining  order  issued.] 


No.  943.  Passed  October  13,  1902. 

Authorizing-  the  annexation  of  contig-uous  territory  to  the  City  of 
Cincinnati,  to  be  part  of  the  Thirty-first  Ward. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati: 

SEC.  1.  That  the  annexation  to  the  city  of  Cincinnati  of 
the  territory  hereinafter  described  and  indicated  on  the  plat 
hereto  attached,  to  be  part  of  the  Thirty- first  Ward,  be  and 
the  same  is  hereby  authorized,  to-wit : Beginning  at  a point 
where  the  north  corporation  line  of  Evanston  intersects  the 
east  corporation  line  of  the  city  of  Cincinnati,  north  of  Eang- 
don  Avenue ; thence  east  along  the  north  corporation  line  of 
Evanston  to  the  west  corporation  line  of  Norwood ; thence 
northwardly,  following  the  west  corporation  line  of  Norwood, 
to  a point  where  said  line  extends  westwardly  to  the  Reading 
Road ; thence  west  with  the  south  line  of  said  extension  of  the 
corporation  line  of  Norwood  to  the  Reading  Read ; thence 
northeastwardly  along  the  corporation  line  of  Norwood,  follow- 
ing the  line  of  Reading  Road,  to  a point  where  the  corporation 
line  extends  eastwardly  from  the  Reading  Road ; thence  east- 
wardly  with  said  corporation  line  to  a point  where  the  said 
corporation  line  extends  northwardly ; thence  northwardly, 


Ordinances  of  the  City  of  Cincinnati 


9 


eastwardly,  and  northwardly,  following  the  west  corporation 
line  of  Norwood,  to  the  north  line  of  Section  4,  Millcreek  Town- 
ship ; thence  west  along  the  south  line  of  Section  4,  Millcreek 
Township,  to  the  east  corporation  line  of  Bond  Hill,  being  the 
west  line  of  Reading  Road  ; thence  southwestwardly  with  the 
west  line  of  Reading  Road,  being  along  the  southeast  corpora- 
tion line  of  the  village  of  Bond  Hill,  to  the  north  corporation 
line  of  the  city  of  Cincinnati ; thence  southeastwardly  along 
the  corporation  line  of  the  city  of  Cincinnati  to  the  southeast- 
erly side  of  Reading  Road ; thence  southwest  along  the  south- 
east line  of  Reading  Road  to  the  south  line  of  Hopkins  Avenue  ; 
thence  east  along  the  south  line  of  Hopkins  Avenue  to  the  east 
corporation  line  of  the  city ; thence  south  along  the  east  corpo- 
ration line  of  the  city  to  a point  where  the  north  corporation 
line  of  Evanston  intersects  the  east  corporation  line  of  the 
city  of  Cincinnati,  north  of  Eangdon  Avenue,  the  place  of 
beginning. 

SEC.  2.  That  the  corporation  counsel  is  hereby  authorized 
to  prosecute  the  proceedings  necessary  to  effect  such  annexation. 

[Note. — Annexation  accepted  by  Ordinance  No.  147,  passed  Sep- 
tember 21,  1903.] 


No.  973.  Passed  November  17,  1902. 

Authorizing-  the  annexation  of  contiguous  territory  of  Millcreek 
Township. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati: 

Sec.  1.  That  the  territory  hereinafter  described  be  and 
the  same  is  hereby  annexed  to  the  city  of  Cincinnati,  to- wit : 
Commencing  at  the  intersection  of  Mill  Creek  (the  same  being 
the  present  west  corporation  line  of  the  city  of  Cincinnati)  with 
the  south  line  of  Section  27,  Millcreek  Township ; thence  west 
along  the  south  line  of  Section  27,  Millcreek  Township,  to  the 
west  line  of  said  section  ; thence  north  along  the  west  line  of 
Sections  27  and  28,  Millcreek  Township,  to  the  West  Fork 
Creek  (the  same  being  the  present  corporation  line  of  Cincin- 


10 


Ordinances  of  the  City  of  Cincinnati 


nati) ; thence  along  the  West  Fork  Creek,  the  present  corpora- 
tion line,  to  Mill  Creek;  thence  along  Mill  Creek  to  the  place 
of  beginning. 

SEC.  2.  That  the  corporation  counsel  is  hereby  authorized 
to  prosecute  proceedings  necessary  to  effect  such  annexation. 

[Note. — Injunction  proceedings  commenced  April  13,  1903.] 

NO.  1030  Passed  February  2,  1903. 

Authorizing-  annexation  to  the  City  of  Cincinnati  of  certain  contigu- 
ous territory  east  and  west  of  the  Little  Miami  River. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati: 

SEC.  1.  That  the  annexation  to  the  city  of  Cincinnati  of 
the  territory  hereinafter  described  be  and  the  same  is  hereby 
authorized  : Beginning  at  the  intersection  of  the  corporation 
line  of  the  city  of  Cincinnati  and  the  west  bank  of  the  Tittle 
Miami  River ; thence  with  said  corporation  line  extended  east- 
wardly  to  the  east  bank  of  the  Little  Miami  River ; thence 
following  said  east  bank  to  its  intersection  in  survey  1723  with 
the  southwestern  boundary  line  of  the  corporation  of  Mt.  Wash- 
ington ; thence  along  the  southern  corporation  line  of  said 
village  of  Mt.  Washington  to  its  intersection  with  the  west  side 
of  Sutton  Street ; thence  southerly  with  the  west  line  of  Sutton 
Street  and  the  west  line  of  Three-mile  Road  to  the  southerly 
line  of  New  Richmond  Pike;  thence  westwardly  with  said 
southerly  line  1,500  feet,  more  or  less,  to  a point  in  the  easterly 
line  of  the  Devore  property ; thence  southwest  along  said  east- 
erly line  of  the  Devore  property  and  the  easterly  line  of  the 
Alex.  Koehler  tract  of  land,  22 . 13  acres,  to  the  low-water  mark 
of  the  north  bank  of  the  Ohio  River ; thence  following  the 
low-water  mark  of  said  Ohio  River  in  a northwesterly  direction 
to  the  corporation  line  of  the  city  of  Cincinnati ; thence  north- 
east along  said  corporation  line  to  the  place  of  beginning. 

SEC.  2.  That  the  corporation  counsel  of  the  city  of  Cincin- 
nati is  hereby  authorized  to  prosecute  the  proceedings  necessary 
to  effect  such  annexation. 

[Note. — Pending  before  the  county  commissioners.] 


Ordinances  of  the  City  of  Cincinnati 


11 


No.  1031.  Passed  February  9,  1903. 

To  submit  to  the  voters  the  question  of  annexation  of  the  Village 
of  Hyde  Park,  Ohio,  to  the  City  of  Cincinnati,  Ohio. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati : 

SEC.  1.  That  the  question  of  the  annexation  of  the  incor- 
porated village  of  Hyde  Park,  Ohio,  to  the  city  of  Cincinnati 
be  submitted  to  the  qualified  voters  of  the  city  of  Cincinnati, 
Ohio,  at  the  annual  election  on  April  6,  1903. 

SEC.  2.  That  those  in  favor  of  such  annexation  shall  deposit 
in  the  ballot-box  provided  for  such  purpose  a ballot  containing 
the  words  : “Annexation  of  the  village  of  Hyde  Park  to  the 
city  of  Cincinnati,  yes;”  and  those  who  are  opposed  to  such 
annexation  shall  deposit  in  such  box  a ballot  containing  the 
words  : “Annexation  of  the  village  of  Hyde  Park  to  the  city 
of  Cincinnati,  no.” 

SEC.  3.  A separate  ballot-box  shall  be  provided  in  each 
voting-precinct  of  every  ward  for  the  reception  of  the  votes 
upon  this  question,  and  the  votes  shall  be  counted  and  returned 
to  the  proper  officer  in  the  same  manner  that  votes  are  counted 
and  returned  at  elections  for  city  officers  ; and  the  city  clerk 
is  hereby  directed  to  publish  this  ordinance  in  a newspaper 
of  general  circulation  in  the  city  of  Cincinnati  at  least  twenty 
days  prior  to  the  date  of  such  election,  and  he  is  further 
directed  to  publish  this  ordinance  in  the  Hyde  Park  Vim,  a 
newspaper  of  general  circulation  in  the  village  of  Hyde  Park, 
for  at  least  twenty  days  prior  to  such  election. 

No.  164.  Passed  September  28,  1903. 

To  approve  the  report  of  the  Commissioners  on  the  annexation  of  the 
Village  of  Hyde  Park  to  the  City  of  Cincinnati. 

Whereas , The  council  of  the  village  of  Hyde  Park  appointed 
Tilden  R.  French,  Louis  E.  Ziegle,  and  Wilmot  J.  Hall  com- 
missioners to  act  for  said  village,  and  the  council  of  the  city 
of  Cincinnati  appointed  Levi  C.  Goodale,  William  Rendigs, 
and  James  D.  Templeton  commissioners  to  act  for  that  city, 
for  the  purpose  of  arranging  the  terms  and  conditions  of  such 


12 


Ordinances  of  the  City  of  Cincinnati 


annexation,  and  said  commissioners  reported  the  terms  of  an- 
nexation as  agreed  to  by  them,  together  with  a report  of  all 
indebtedness  and  assets  of  said  village  : Now,  therefore — 
SEC.  1.  Be  it  ordained  by  the  Council  of  the  City  of  Cincin- 
nati, State  of  Ohio , That  the  report  and  agreement  of  said 
commissioners  above  referred  to  be  and  the  same  is  hereby 
approved. 

SEC.  2.  That  said  agreement  of  said  commissioners  be 
spread  upon  the  minutes  of  this  Council. 

[Note. — Annexation  completed  at  12  o’clock  noon  Wednesday, 
November  18,  1903.] 


NO.  1032.  Passed  February  9,  1903. 

To  submit  to  the  voters  the  question  of  annexation  of  the  Village 
of  Evanston,  Ohio,  to  the  City  of  Cincinnati,  Ohio. 

Whereas , A majority  of  the  voters  of  the  city  of  Cincinnati 
desire  the  annexation  to  said  city  of  the  contiguous  incorporated 
village  of  Evanston,  Ohio  : Now,  therefore — 

SEC.  1 . Be  it  or  darned  by  the  Board  of  Legislation  of  the  City 
of  Cincinnati , That  there  be  submitted  to  a vote  of  the  voters 
of  this  city  at  the  next  regular  municipal  election  occurring 
in  April,  1903,  the  question  of  the  annexation  to  the  city 
of  the  contiguous  village  of  Evanston,  Ohio. 

Sec.  2.  That  the  vote  upon  said  proposition  be  in  the 
following  form,  to -wit:  That  there  be  printed  upon  each 
ballot  in  said  next  ensuing  municipal  election  the  words : 
“Annexation  of  village  of  Evanston  to  city  of  Cincinnati,  yes;” 
“Annexation  of  village  of  Evanston  to  city  of  Cincinnati,  no 
and  that  said  vote  be  taken  under  the  direction  and  subject  to 
the  provisions  of  the  board  of  elections  of  this  city  and  the 
laws  of  Ohio  applicable  thereto. 

Sec.  3.  That  the  city  clerk  be  directed  forthwith  to  transmit 
a copy  of  this  ordinance  to  the  board  of  elections  of  this  city, 
and  to  cause  a notice  of  the  passage  of  this  ordinance  and 
of  the  proposed  submission  of  said  question  to  a vote  to  be 
published  not  less  than  twenty  days  prior  to  the  day  fixed 


Ordinances  of  the  City  of  Cincinnati 


13 


for  such  election  in  two  newspapers  of  opposite  politics  in 
this  city. 

SEC.  4.  That  the  city  clerk  be  directed  forthwith  to  transmit 
a copy  of  this  ordinance  to  the  mayor  of  this  city,  with  the 
request  that  notice  of  the  submission  of  the  proposed  question 
to  popular  vote  at  the  regular  municipal  election  of  this  city  be 
embodied  in  the  proclamation  for  said  election. 

No.  165.  Passed  September  28,  1903. 

To  approve  the  report  of  the  Commissioners  on  the  annexation  of  the 
Village  of  Evanston  to  the  City  of  Cincinnati. 

Whereas , The  council  of  the  village  of  Evanston  appointed 
Charles  M.  Myers,  Robert  Haskins,  and  Charles  E.  Logan  com- 
missioners to  act  for  said  village,  and  the  Council  of  the  city 
of  Cincinnati  appointed  Levi  C.  Goodale,  William  Rendigs, 
and  James  D.  Templeton  commissioners  to  act  for  that  city, 
for  the  purpose  of  arranging  the  terms  and  conditions  of  such 
annexation,  and  said  commissioners  reported  the  terms  of  an- 
nexation as  agreed  to  by  them,  together  with  a report  of  all 
indebtedness  and  assets  of  said  village  : Now,  therefore — 

SEC.  1.  Be  it  ordained  by  the  Council  of  the  City  of  Cincin- 
nati, State  of  Ohio , That  the  report  and  agreement  of  said 
commissioners  above  referred  to  be  and  the  same  is  hereby 
approved. 

Sec.  2.  That  said  agreement  of  said  commissioners  be 
spread  upon  the  minutes  of  this  Council. 

[Note. — Annexation  completed  at  12  o’clock  noon  Thursday, 
November  19,  1903.] 

No.  1033.  Passed  February  9,  1903. 

To  submit  to  the  voters  the  question  of  the  annexation  of  the  Vil- 
lage of  Bond  Hill,  Ohio,  to  the  City  of  Cincinnati,  Ohio. 

Whereas , A majority  of  the  voters  of  the  city  of  Cincinnati 
desire  the  annexation  to  said  city  of  the  contiguous  incorporated 
village  of  Bond  Hill,  Ohio  : Now,  therefore — 

SEC.  1.  Be  it  ordained  by  the  Board  of  Legislation  of  the 
City  of  Cincinnati , That  there  be  submitted  to  a vote  of  the 


14 


Ordinances  of  the  City  of  Cincinnati 


voters  of  this  city  at  the  next  regular  municipal  election,  occur- 
ring in  April,  1903*  the  question  of  the  annexation  to  the  city 
of  the  contiguous  village  of  Bond  Hill,  Ohio. 

Sec.  2.  That  the  vote  upon  said  proposition  be  in  the 
following  form,  to-wit : That  there  be  printed  upon  each  ballot 
in  said  next  ensuing  municipal  election  the  words  : “Annexa- 
tion of  village  of  Bond  Hill  to  city  of  Cincinnati,  yes “An- 
nexation of  village  of  Bond  Hill  to  city  of  Cincinnati,  no;”  and 
that  said  vote  be  taken  under  the  direction  and  subject  to  the 
provisions  of  the  Board  of  Elections  of  this  city  and  the  laws 
of  Ohio  applicable  thereto. 

Sec.  3.  That  the  city  clerk  be  directed  forthwith  to  trans- 
mit a copy  of  this  ordinance  to  the  Board  of  Elections  of  this 
city,  and  to  cause  a notice  of  the  passage  of  this  ordinance  and 
of  the  proposed  submission  of  said  question  to  a vote  to  be 
published  not  less  than  twenty  days  prior  to  the  day  fixed 
for  such  election  in  two  newspapers  of  opposite  politics  in 
this  city. 

SEC.  4.  That  the  city  clerk  be  directed  forthwith  to  trans- 
mit a copy  of  this  ordinance  to  the  mayor  of  this  city,  with 
the  request  that  notice  of  the  submission  of  the  proposed 
question  to  popular  vote  at  the  regular  municipal  election  of 
this  city  be  embodied  in  the  proclamation  for  said  election. 

No.  163.  Passed  September  28,  1903. 

To  approve  the  report  of  the  Commissioners  on  the  annexation  of 
the  Village  of  Bond  Hill  to  the  City  of  Cincinnati. 

Whereas , The  Council  of  the  village  of  Bond  Hill  ap- 
pointed John  M.  Champlin,  Joseph  Hart,  and  Butler  Bromwell 
commissioners  to  act  for  said  village,  and  the  Council  of 
the  city  of  Cincinnati  appointed  Eevi  C.  Goodale,  William 
Rendigs,  and  James  D.  Templeton  commissioners  to  act  for 
that  city,  for  the  purpose  of  arranging  the  terms  and  condi- 
tions of  such  annexation,  and  said  commissioners  report  the 
terms  of  annexation  as  agreed  to  by  them,  together  with  a 


Ordinances  of  the  City  of  Cincinnati 


15 


report  of  all  indebtedness  and  assets  of  said  village  : Now, 
therefore — 

SEC.  1.  Be  it  ordained  by  the  Council  of  the  City  of  Cincin- 
nati, State  of  Ohio}  That  the  report  and  agreement  of  the  said 
commissioners  above  referred  to  be  and  the  same  is  hereby 
approved,  and  the  recommendations  therein  contained  be  con- 
curred in. 

Sec.  2.  That  said  agreement  of  said  commissioners  be 
spread  upon  the  minutes  of  this  Council. 

[Note. — Annexation  completed  at  12  o’clock  noon  Monday,  Novem- 
ber 16, 1903.] 


NO.  1049.  Passed  March  2,  1903. 

To  submit  to  the  voters  the  question  of  the  annexation  of  the 
Village  of  Winton  Place  to  the  City  of  Cincinnati,  Ohio. 

Whereas , A majority  of  voters  of  the  city  of  Cincinnati 
desire  the  annexation  to  said  city  of  the  contiguous  incor- 
porated village  of  Winton  Place,  Ohio  : Therefore  — 

SEC.  1.  Be  it  ordained  by  the  Board  of  Legislation  of  the 
City  of  Cincinnati , That  there  be  submitted  to  a vote  of  the 
voters  of  this  city,  at  the  next  regular  municipal  election 
occurring  in  April,  1903,  the  question  of  the  annexation  to 
the  city  of  the  contiguous  village  of  Winton  Place,  Ohio. 

SEC.  2.  That  the  vote  upon  said  proposition  be  in  the 
following  form,  to-wit : That  there  be  printed  upon  each  ballot 
in  said  next  ensuing  municipal  election  the  words  : “Annexa- 
tion of  village  of  Winton  Place  to  city  of  Cincinnati,  yes 
“Annexation  of  village  of  Winton  Place  to  city  of  Cincinnati, 
no ; ” and  that  said  vote  be  taken  under  the  direction  and 
subject  to  the  provisions  of  the  Board  of  Elections  of  this  city 
and  the  laws  of  Ohio  applicable  thereto. 

SEC.  3.  That  the  city  clerk  be  directed  forthwith  to  trans- 
mit a copy  of  this  ordinance  to  the  Board  of  Elections  of  this 
city,  and  to  cause  a notice  of  the  passage  of  this  ordinance  and 
of  the  proposed  submission  of  said  question  to  a vote  to  be 


16 


Ordinances  of  the  City  of  Cincinnati 


published  not  less  than  twenty  days  prior  to  the  day  fixed 
for  such  election  in  two  newspapers  of  opposite  politics  in 
this  city. 

SEC.  4.  That  the  city  clerk  be  directed  forthwith  to  trans- 
mit a copy  of  this  ordinance  to  the  mayor  of  this  city,  with 
the  request  that  notice  of  the  submission  of  the  proposed 
question  to  popular  vote  at  the  regular  municipal  election  of 
this  city  be  embodied  in  the  proclamation  for  said  election. 

No.  175.  Passed  October  12,  1903. 

To  approve  the  report  of  the  Commissioners  on  the  annexation  of 
the  Village  of  Winton  Place  to  the  City  of  Cincinnati. 

Whereas , The  Council  of  the  village  of  Winton  Place  ap- 
pointed Edward  J.  Durr,  George  Haller,  and  Willis  W.  Yeatman 
commissioners  to  act  for  said  village,  and  the  Council  of  the 
city  of  Cincinnati  appointed  Levi  C.  Goodale,  William  Rendigs, 
and  James  D.  Templeton  commissioners  to  act  for  that  city, 
for  the  purpose  of  arranging  the  terms  and  conditions  of  such 
annexation,  and  that  said  commissioners  reported  the  terms 
of  annexation  as  agreed  to  by  them,  together  with  a report 
of  all  indebtedness  and  assets  of  said  village  : Now,  therefore — 

SEC.  1.  Be  it  ordained  by  the  Council  of  the  City  of  Cincin- 
nati, State  of  Ohio , That  the  report  and  agreement  of  the  said 
commissioners  above  referred  to  be  and  the  same  is  hereby 
approved. 

Sec.  2.  That  said  agreement  of  said  commissioners  be 
spread  upon  the  minutes  of  this  Council. 

[Note.  — Annexation  completed  at  12  o’clock  noon  Tuesday, 
November  17,  1903.] 


Ordinances  of  the  City  of  Cincinnati 


17 


No.  246.  Passed  December  7,  1903. 

Making-  the  recently  annexed  villag-es  of  Evanston,  Hyde  Park, 
Bond  Hill,  and  Winton  Place  part  of  contiguous  wards  of  the 
City  of  Cincinnati. 

Be  it  ordained  by  the  Council  of  the  City  of  Cincinnati , State  of  Ohio : 

Sec.  1.  That  the  territory  included  within  the  boundaries 
of  the  recently  annexed  villages  of  Hyde  Park,  Evanston,  Bond 
Hill,  and  Winton  Place  be  made  part  of  contiguous  wards  of 
the  city  of  Cincinnati,  as  follows  : 

a.  The  territory  known  as  the  former  village  of 
Hyde  Park  be  made  a part  of  the  First  Ward. 

b.  The  territory  known  as  the  former  village  of 
Evanston  be  made  a part  of  the  Second  Ward. 

c.  The  territory  known  as  the  former  village  of 
Bond  Hill  be  made  a part  of  the  Thirteenth  Ward. 

d.  The  territory  known  as  the  former  village  of 
Winton  Place  be  made  a part  of  the  Twenty -third 
Ward. 

No.  10.  Passed  May  11,  1903. 

To  annex  certain  territory  to  the  Twenty-third  Ward. 

Be  it  ordained  by  the  Council  of  the  City  of  Cincinnati , State  of  Ohio : 

Sec.  1.  That  the  annexation  to  the  city  of  Cincinnati  of 
the  territory  hereinafter  described  be  and  the  same  is  hereby 
authorized,  to-wit : Commencing  at  a point  where  the  north 
corporation  line  of  the  city  intersects  the  west  line  of  Section  16, 
Millcreek  Township  ; thence  north  along  said  section  line  and 
corporation  line  of  Winton  Place  to  the  Cincinnati,  Hamilton 
& Dayton  Railroad  and  the  corporation  line  of  Winton  Place  ; 
thence  northeastwardly  along  the  Cincinnati,  Hamilton  & 
Dayton  Railroad  and  corporation  line  of  Winton  Place  to 
Mill  Creek  ; thence  north  along  Mill  Creek  and  the  western 
corporation  line  of  St.  Bernard  to  the  Miami  and  Erie  Canal ; 
thence  westwardly,  following  the  Miami  and  Erie  Canal  and 
the  corporation  line  of  the  city,  to  the  place  of  beginning. 

Sec.  2.  That  the  solicitor  is  hereby  authorized  to  prose- 
cute the  proceedings  necessary  to  effect  such  annexation. 

[Note. — Pending  before  county  commissioners.] 


18 


Ordinances  of  the  City  of  Cincinnati 


No.  75.  Passed  July  20,  1903. 

To  authorize  the  annexation  of  certain  territory  to  the  City  of  Cin- 
cinnati. 

Be  it  ordained  by  the  Council  of  the  City  of  Cincinnati , State  of  Ohio : 
Sec.  1.  That  the  annexation  of  the  following  described 
territory  : Beginning  where  the  Miami  and  Erie  Canal,  the 
present  northerly  corporation  line  of  the  city  of  Cincinnati, 
intersects  the  east  line  of  Section  22,  Millcreek  Township  ; 
thence  southwestwardly  along  said  Miami  and  Erie  Canal  and 
the  present  northerly  corporation  line  of  the  city  of  Cincinnati 
to  the  eastern  boundary  line  of  the  Twenty-third  Ward  of  the 
city  of  Cincinnati ; thence  northwestwardly  along  said  boundary 
line  of  said  Twenty-third  Ward  to  the  center  line  of  Mill  Creek 
and  the  southerly  corporation  line  of  the  village  of  Winton 
Place ; thence  northeastwardly  along  said  center  line  of  Mill 
Creek  and  the  southerly  corporation  line  of  the  village  of 
Winton  Place  to  the  east  line  of  Section  22,  Millcreek  Town- 
ship ; thence  south  along  said  section  line  to  the  place  of 
beginning, — be  and  the  same  is  hereby  authorized. 

Sec.  2.  That  the  solicitor  be  and  he  is  hereby  authorized  to 
prosecute  the  proceedings  necessary  to  effect  such  annexation. 

[Note. — Ordinance  of  acceptance  may  be  passed  after  February 
3,  1904,  if  there  shall  be  no  injunction  proceedings.] 


No.  281.  Passed  June  10,  1892. 

To  regulate  ale,  beer,  and  porter  houses  and  shops,  taverns,  and 
other  houses  for  public  entertainment. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati : 

Sec.  1.  It  shall  be  unlawful  for  any  girl  or  girls,  woman  or 
women,  to  be  employed,  or  to  render  service  of  any  description 
whatsoever,  either  with  or  without  compensation,  in  any  ale  or 
porter  house,  or  in  any  room  or  place  in  which  ale,  beer,  porter, 
wine,  or  liquors  are  sold,  as  a waiter,  bar -tender,  or  in  any 
capacity  which  shall  render  it  necessary  for  her  to  render  service 
of  any  kind  whatsoever  in  any  room  where  said  ale,  beer,  porter, 


Ordinances  of  the  City  of  Cincinnati 


19 


wine,  or  liquors  are  sold  or  kept  for  sale  ; provided  that  this 
ordinance  shall  not  prevent  any  proprietor  of  such  place  or 
places  from  employing  his  wife  or  any  female  member  of  his 
family  in  his  assistance  in  such  place  or  places. 

SEC.  2.  Every  person  employing  any  girl  or  girls,  woman 
or  women,  or  permitting  or  suffering  any  girl  or  girls,  woman 
or  women,  to  render  service  with  or  without  compensation  in 
such  place  or  places,  contrary  to  the  provisions  of  this  ordi- 
nance, shall  on  conviction  thereof  be  fined  in  any  sum  not  less 
than  five  dollars  nor  more  than  twenty-five  dollars  for  every  day 
such  person  or  persons  shall  be  employed,  permitted,  or  suffered 
to  render  service  in  violation  of  this  section  ; and  every  girl  or 
woman  who  shall  be  so  employed  in  such  place  or  places,  or 
who  shall  render  service  therein,  contrary  to  the  provisions 
of  said  section,  shall  on  conviction  thereof  be  fined  in  any  sum 
not  less  than  five  dollars  nor  more  than  twenty-five  dollars  for 
every  day  such  girl  or  woman  renders  service  as  aforesaid. 
Nothing  herein  contained  shall  make  such  employment  un- 
lawful where  such  drinks  are  sold  with,  or  as  a part  of,  a meal 
in  any  regular  dining-room  or  restaurant. 

No.  4061.  Passed  April  6,  1888. 

To  amend  Section  5 of  an  Ordinance  to  regulate  the  City  Auditor’s 
(Comptroller’s)  Office. 

Be  it  ordained , That  Section  5 of  an  ordinance  to  regulate 
the  city  auditor’s  (comptroller’s)  office,  passed  July  23,  1856, 
be  amended  to  read  as  follows  : 

Sec.  5.  Before  entering  upon  the  duties  of  his  office  he  shall 
take  an  oath  or  affirmation  to  support  the  constitution  of  the 
United  States,  the  constitution  and  laws  of  the  state,  and  the 
ordinances  of  the  city.  The  assistants  shall  take  similar  oath 
or  affirmation.  The  auditor  shall  give  bond,  with  not  less  than 
three  good  and  sufficient  sureties,  to  the  satisfaction  of  the  City 
Council,  in  the  penal  sum  of  one  hundred  thousand  dollars,  for 
the  faithful  performance  of  the  duties  of  his  office,  which  bond 


20 


Ordinances  of  the  City  of  Cincinnati 


shall  be  filed  with  the  city  clerk.  His  principal  assistant  shall 
give  bond  in  the  sum  of  ten  thousand  dollars  to  the  satisfaction 
of  the  Council,  and  said  bond  shall  be  filed  with  the  city  clerk. 
The  assistant  comptroller  shall  receive  the  sum  of  two  thousand 
five  hundred  dollars  per  year  for  his  services. 

No.  190.  Passed  June  6,  1898. 

To  provide  for  the  preparation  by  the  City  Auditor  of  semi-annual 
appropriating-  ordinances  to  defray  salaries  and  current  expenses 
of  the  City  of  Cincinnati. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati: 

SEC.  1.  That  the  city  auditor  be  and  he  is  hereby  empow- 
ered and  directed  to  semi-annually  prepare  and  submit  to  the 
Board  of  Legislation  an  ordinance  to  appropriate  money  to 
defray  the  salaries  and  current  expenses  of  the  city  of  Cincin- 
nati for  the  six  months  ending  June  30th  and  December  31st 
of  each  year. 

Sec.  2.  That  in  preparing  each  semi-annual  appropriating 
ordinance  the  city  auditor  shall  be  governed  in  all  allowances 
for  the  six  months  to  be  provided  for  therein  by  the  provisions 
of  Section  2690^  of  the  Revised  Statutes,  and  by  the  action 
of  the  Board  of  Supervisors,  in  its  tax  commission  capacity,  in 
fixing  allowances  for  the  entire  year  as  shall  be  reported  by  that 
board,  taking  care  that  the  combined  allowances  for  each  item 
of  expenditures  of  each  of  the  several  departments  for  the  two 
periods  of  six  months  each  of  any  one  year  shall  not  exceed  the 
gross  amount  for  the  year  allowed  by  said  Board  of  Supervisors 
in  its  final  action  upon  the  annual  tax-levy  ordinance  trans- 
mitted to  it  by  the  Board  of  Legislation. 

SEC.  3.  That  the  semi-annual  ordinance  thus  provided  for 
shall  in  each  instance  be  submitted  to  the  Board  of  Legislation 
by  the  city  auditor  at  such  time  of  the  year  as  will,  allowing 
for  reasonable  delays  in  the  boards  of  Legislation  and  Super- 
visors, permit  of  its  passage,  and  taking  effect  not  later  than 
the  first  of  January  and  the  first  of  July  of  each  year. 


Ordinances  of  the  City  of  Cincinnati 


21 


No.  42.  Passed  June  15,  1903. 

To  provide  for  the  appointment  of  subordinates  in  the  City  Auditor’s 
Office,  to  further  prescribe  the  duties  of  the  Auditor,  and  to  repeal 
certain  ordinances  therein  named. 

Be  it  ordained  by  the  Council  of  the  City  of  Cincinnati,  State  of  Ohio : 
SEC.  1.  That  the  office  of  the  auditor  shall  be  kept  open 
for  the  transaction  of  business  pertaining  thereto  from  8: 30  A.  M. 
to  4 P.  M.  every  day,  excepting  Sundays  and  holidays  ; and  that 
the  auditor,  or  one  of  his  subordinates  to  be  designated  by  him, 
shall  attend  the  sessions  of  the  Council  and  the  meetings  of  any 
of  its  committees  when  notified  by  the  chairman  or  secretary, 
in  writing,  to  do  so. 

SEC.  2.  That  the  auditor  of  the  city  be  and  he  is  hereby 
authorized,  subject  to  the  approval  of  Council,  to  appoint  the 
following  subordinates  in  his  office,  at  annual  salaries  fixed, 
respectively,  as  follows,  to-wit  : 


An  assistant  auditor Salary  $2,500 

A bookkeeper “ 1,800 

An  assistant  bookkeeper “ 1,500 

A second  assistant  bookkeeper  “ 1,200 

A chief  assessment  clerk “ 1,300 

Two  assessment  clerks Salary  each  1,200 

One  assessment  clerk Salary  1,000 

A chief  license  clerk “ 1,200 

An  assistant  license  clerk “ 1,000 

A record  clerk “ 1,400 

A general  clerk “ 900 

A department  examiner “ 1,500 

Two  assistant  department  examiners Salary  each  1,200 

A stenographer  and  general  clerk Salary  720 

A messenger “ 600 


Said  appointees,  under  the  direction  of  the  auditor,  shall  per- 
form such  duties,  consistent  with  the  nature  of  their  respective 
appointments,  as  he  may  designate,  and  shall  give  their  atten- 
tion exclusively  to  the  business  of  the  auditor’s  office.  No 
extra  compensation  shall  be  allowed  or  paid  to  any  subordinate 
for  the  performance  of  any  of  the  duties  imposed  by  law  or 
ordinance  upon  the  auditor. 


22 


Ordinances  of  the  City  of  Cincinnati 


Sec.  3.  The  salaries  herein  provided  for  shall  be  paid  in 
equal  semi-monthly  installments  upon  the  allowance  of  the 
auditor.  The  appointees  shall  hold  their  places  during  the 
pleasure  of  the  auditor,  but  before  entering  upon  their  respec- 
tive duties  shall  each  give  a bond,  payable  to  the  city,  con- 
ditioned and  approved  in  the  manner  required  by  law  and 
ordinance,  and  in  the  amounts  following,  respectively  : The 
assistant  auditor  and  bookkeeper,  each  $5,000  ; the  assistant 
bookkeepers,  the  assessment  clerks,  and  the  license  clerks,  each 
$3,000;  the  record  clerk,  general  clerk,  and  the  department 
examiners,  each  $2,000 ; and  the  stenographer  and  general 
clerk,  $1,000. 

SEC.  4.  The  auditor  shall  have  the  powers  and  shall  perform 
the  duties  prescribed  and  imposed  upon  him  by  the  laws  of  Ohio 
and  the  ordinances  and  resolutions  of  the  city  of  Cincinnati,  and 
he  may  prescribe  such  rules  and  regulations  for  the  conduct 
of  his  office,  not  inconsistent  therewith,  as  he  may  deem  best 
for  the  interests  of  the  city.  He  shall,  so  far  as  possible,  cause 
the  place  of  residence  to  be  ascertained  of  every  owner  whose 
property  is  charged  with  special  assessment  of  any  kind  as 
soon  as  his  office  shall  receive  notice  thereof,  and  the  place  of 
residence  of  any  successor  in  title,  and  shall  note  the  same  on 
the  assessment  record  of  his  office.  Not  less  than  twenty  days 
before  the  maturity  of  any  assessment  or  of  any  installment 
thereof  he  shall  cause  a notice,  by  postal  card,  to  be  mailed 
to  the  owner  or  recognized  agent,  at  the  expense  of  the  city, 
directed  to  the  place  of  residence,  designating  thereon  the 
property  assessed  and  for  what  purpose  assessed,  the  amount 
of  the  assessment,  the  day  when  due,  the  place  where  payable, 
and  stating  that  there  is  a penalty  for  non-payment. 

Sec.  5.  In  case  of  absence  or  illness  of  the  auditor,  the 
assistant  auditor  shall  have  charge  and  supervision  of  the 
office,  and  shall  perform  the  duties  of  the  auditor  ; and  in  case 
of  the  absence  or  illness  of  both  the  auditor  and  assistant 
auditor,  the  bookkeeper  shall  have  such  charge  and  supervision, 
and  may  perform  the  duties  of  the  auditor. 


Ordinances  of  the  City  of  Cincinnati 


23 


SEC.  6.  That  the  following  entitled  ordinances  and  parts 
of  ordinances  be  and  the  same  are  hereby  repealed,  to-wit : 

Sections  1,  2,  3 as  amended  January  6,  1865,  and  5 of  “an 
ordinance  to  regulate  the  city  auditor’s  office,”  passed  July  23, 
1856.  (C.  & H.,  page  145.) 

“An  ordinance  to  designate  person  to  act  in  absence  or 
sickness  of  comptroller  or  his  assistant,”  passed  September  10, 
1886.  (C.  & H.,  page  154.) 

So  much  of  “an  ordinance  to  fix  the  salaries  of  certain 
officers,  and  to  repeal  certain  ordinances  upon  that  subject,” 
passed  October  2,  1868  (C.  & H.,  page  697),  as  fixes  the 
salary  of  the  assistant  city  auditor  at  two  thousand  dollars 
per  annum. 

“An  ordinance  fixing  the  salary  and  amount  of  bonds  of 
subordinates  in  the  comptroller’s  office,”  passed  October  15, 
1880.  (C.  & H.,  page  700.) 

“An  ordinance  (No.  45)  to  regulate  the  city  auditor’s  office, 
to  provide  for  his  assistants,  to  fix  their  salaries,  and  to  define 
their  powers  and  duties,”  passed  June  26,  1891,  as  amended 
by  an  ordinance  (No.  51)  passed  July  26,  1897.  (Henderson, 
page  32.)* 

“An  ordinance  (No.  496)  to  provide  for  the  appointment 
of  subordinates  in  the  city  auditor’s  office,  to  further  prescribe 
the  duties  of  the  auditor,  and  to  repeal  certain  ordinances 
therein  named,”  passed  July  2,  1900.  (Henderson,  page  12.) 

“An  ordinance  (No.  706)  to  amend  Ordinance  No.  496, 
passed  July  2,  1900,  entitled  ‘An  ordinance  to  provide  for  the 
appointment  of  subordinates  in  the  city  auditor’s  office,  to 
further  prescribe  the  duties  of  the  auditor,  and  to  repeal  cer- 
tain ordinances  therein  named,’”  passed  August  26,  1901. 

And  that  the  resolution  of  the  City  Council  of  Cincinnati, 
authorizing  the  city  auditor  to  employ  additional  assistance  for 
the  transaction  of  the  business  of  his  office  at  the  expense  of 
seventy-five  dollars  per  month,  adopted  June  16,  1871  (C.  & H., 
page  153),  be  and  the  same  is  hereby  rescinded. 

* Refers  to  edition  of  1899. 


24 


Ordinances  of  the  City  of  Cincinnati 


No.  776.  Passed  January  27,  1902. 

Providing-  for  the  monthly  auditing  of  the  accounts  of  the  City 
Treasurer. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati: 

SEC.  1.  In  addition  to  the  annual  auditing  by  the  auditor 
of  Cincinnati  of  the  accounts  of  the  treasurer  of  said  city,  said 
auditor  shall  audit  the  accounts  of  said  treasurer  monthly,  and 
make  report  thereof  to  the  Board  of  Legislation. 

No.  1065.  Passed  April  8,  1903. 

To  regulate  the  use  of  automobiles  and  motor  vehicles  on  the  streets, 
alleys,  and  park  driveways  of  the  city,  and  repealing  an  ordinance 
entitled  “An  ordinance  to  regulate  the  operation  of  automobiles 
in  the  streets  of  the  City  of  Cincinnati.” 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati: 

SEC.  1.  That  the  owner  or  driver  of  any  automobile,  motor 
car,  or  other  vehicle  propelled  by  steam,  gasoline,  or  electric 
power,  except  street-railway  cars,  shall  before  operating  such 
vehicle  register  with  the  city  auditor  his  name,  residence,  and 
the  manufacturer’s  number  of  the  vehicle  owned  or  operated 
by  him,  and  the  city  auditor  shall  enter  such  name,  residence, 
and  manufacturer’s  number  of  such  vehicle  in  a record,  and 
shall  furnish  to  the  person  so  registering  aluminum  initials  of 
the  name  of  such  person,  such  letters  to  be  four  inches  in 
height  and  two  and  one  half  inches  in  width,  which  shall  be 
placed  upon  a plate  and  attached  to  such  vehicle,  in  plain  view. 
These  initials  so  displayed  shall  serve  as  a license  to  operate 
the  automobile  or  motor  vehicle  bearing  the  same  on  the  streets, 
alleys,  and  park  driveways  of  the  city  of  Cincinnati  for  the 
period  of  one  year  from  date  of  issue,  upon  the  payment  of 
three  dollars  for  such  license  and  fifty  cents  for  each  initial 
letter  so  furnished.  This  license  shall  be  renewed  annually 
thereafter  upon  payment  of  three  dollars  per  annum;  all  money 
received  from  such  source  to  be  credited  to  the  street-repairing 
fund.  Provided,  however,  that  under  no  circumstances  shall 
such  license  be  issued  to  a person  under  sixteen  years  of  age. 


Ordinances  of  the  City  of  Cincinnati 


25 


SEC.  2.  No  person,  driver,  or  operator  in  charge  of  any 
automobile  or  motor  vehicle  on  a public  street,  alley,  or  park 
driveway  shall  drive,  operate,  move,  or  permit  the  same  to  be 
driven,  operated,  or  moved,  at  a rate  of  speed  faster  than  seven 
miles  per  hour  within  that  portion  of  the  city  lying  between 
Water  Street  on  the  south,  Court  Street  on  the  north,  John 
Street  on  the  west,  and  Broadway  on  the  east ; nor  faster  than 
fifteen  miles  per  hour  on  any  street,  alley,  or  park  driveway  in 
the  city  of  Cincinnati  beyond  that  territory  so  described. 

SEC.  3.  The  driver  or  operator  in  charge  of  an  automobile 
or  motor  vehicle  shall,  when  signaled  by  the  occupant  of  any 
vehicle  propelled  by  horse,  stop  said  automobile  or  motor 
vehicle  until  the  other  vehicle  has  passed. 

SEC.  4.  Every  automobile  or  motor  vehicle  shall  be  pro- 
vided with  a bell  or  horn,  which  shall  be  rung  or  blown  by  the 
operator  whenever  there  is  danger  of  collision  or  accident. 
The  driver  or  operator  of  every  automobile  or  motor  vehicle 
shall  be  governed  by  the  commonly  accepted  rules  of  road 
traffic,  by  turning  to  the  right-hand  side  in  meeting  vehicles 
and  teams  and  persons  moving  or  headed  in  the  direction 
opposite  to  that  in  which  he  is  moving,  and  by  turning  to  the 
left-hand  side  in  passing  vehicles,  teams,  and  persons  moving 
or  headed  in  the  same  direction  in  which  he  is  moving. 

SEC.  5.  No  person  shall  operate  an  automobile  on  any 
street,  alley,  or  park  driveway  in  the  city  of  Cincinnati  so  as 
to  interfere  with  any  fire-engine,  ladder-truck,  hose-truck,  or 
any  other  wagon  or  vehicle  used  by  the  fire  department,  or  with 
any  member  of  the  fire  department,  while  going  to  or  from  a 
fire,  or  with  any  person  or  vehicle  used  by  the  salvage  corps 
going  to  or  from  a fire. 

SEC.  6.  Any  person  who  shall  violate  any  of  the  provisions 
of  this  ordinance  shall  upon  conviction  thereof  be  fined  in  any 
sum  not  exceeding  fifty  dollars. 

Sec.  7.  That  Ordinance  No.  611,  passed  January  28,  1901, 
entitled  “An  ordinance  to  regulate  the  operation  of  automobiles 
in  the  streets  of  the  city  of  Cincinnati,”  is  hereby  repealed. 


26 


Ordinances  of  the  City  of  Cincinnati 


No.  876.  Passed  June  30,  1902. 

Regulating  the  operation  of  automobiles  in  the  public  parks  of  the 
City  of  Cincinnati. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati : 

Sec.  1.  That  no  person  or  persons  shall  operate  an  auto- 
mobile on  any  of  the  driveways  in  any  of  the  public  parks  of 
Cincinnati  after  sunset  and  before  sunrise  without  having  a 
lighted  lantern  attached  thereto,  casting  a light  in  the  direction 
in  which  such  person  is  going,  of  sufficient  illuminating  power 
to  be  visible  at  a distance  of  two  hundred  feet,  nor  at  any  time 
without  having  an  alarm  bell  or  whistle  attached  thereto,  which 
bell  or  whistle  shall  be  sounded  on  approaching  any  crossings 
over  said  driveways,  and  shall  be  further  used  for  the  purpose 
of  warning  pedestrians  and  other  persons  using  the  driveways 
of  the  approach  of  the  automobile. 

SEC.  2.  That  no  person  or  persons  shall  operate  an  auto- 
mobile on  the  driveways  of  the  public  parks  of  Cincinnati  at 
a greater  rate  of  speed  than  six  miles  per  hour,  and  under  no 
circumstances  shall  two  or  more  automobiles  be  operated  abreast 
in  said  driveways  of  said  parks. 

Sec.  3.  Any  person  violating  any  of  the  provisions  of  this 
ordinance  shall  be  deemed  guilty  of  a misdemeanor,  and  upon 
conviction  thereof  shall  be  fined  in  any  sum  not  less  than  five 
nor  more  than  twenty-five  dollars,  together  with  the  costs  of 
the  prosecution. 

No.  226.  Passed  March  25,  1892. 

To  regulate  public  ball-rooms,  dance-halls,  and  concert-halls. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati : 

SEC.  1.  That  it  shall  be  unlawful  for  any  young  girl  a minor 
to  enter  any  public  ball-room,  dance-hall,  or  concert-hall  with- 
out having  some  lawful  business,  or  accompanied  by  a parent  or 
guardian  ; and  if  any  minors  frequent  such  place  as  ball-room, 
dance-hall,  or  concert-hall,  it  shall  become  the  duty  of  the 


Ordinances  of  the  City  of  Cincinnati 


27 


police  to  arrest  all  such  persons,  and  on  conviction  thereof 
they  shall  be  fined  not  more  than  ten  dollars  nor  less  than  five 
dollars,  and  for  any  subsequent  offense  shall  upon  conviction 
or  convictions  thereof  be  fined  not  more  than  twenty-five  dollars 
nor  less  than  ten  dollars,  or  be  imprisoned  not  more  than  ten 
days,  or  both. 

SEC.  2.  The  keeper  or  persons  having  in  charge  any  ball- 
room, dance-hall,  or  concert-hall  who  shall  knowingly  permit 
any  minor,  except  members  of  his  own  family,  to  enter  said 
ball-room,  dance-hall,  or  concert-hall,  shall  be  fined  not  more 
than  fifty  dollars  nor  less  than  twenty-five  dollars,  or  be  impris- 
oned not  more  than  twenty  days,  or  both  ; and  it  shall  be  the 
duty  of  the  mayor  and  superintendent  of  police  to  see  that  this 
ordinance  is  enforced. 

No.  1080.  Passed  August  17,  1896. 

To  regulate  the  use  of  bicycles  in  the  streets  of  the  City  of  Cin- 
cinnati. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati  : 

Sec.  1.  That  no  person  shall  ride  a bicycle  on  any  of  the 
sidewalks  of  the  city  of  Cincinnati. 

Sec.  2.  No  person  shall  ride  a bicycle  through  the  streets 
of  the  city  of  Cincinnati  after  sunset  and  before  sunrise  without 
having  a lighted  lantern  attached  thereto,  casting  a light  in 
the  direction  in  which  such  person  is  going,  of  sufficient  illumi- 
nating power  to  be  visible  at  a distance  of  two  hundred  feet ; 
nor  without  having  an  alarm-bell  or  whistle  attached  thereto, 
which  bell  or  whistle  shall  be  sounded  on  approaching  and 
crossing  street  intersections. 

Sec.  3.  No  person  shall  ride  any  bicycle  through  the  streets 
of  the  city  of  Cincinnati  at  a greater  rate  of  speed  than  eight 
miles  an  hour  ; and  no  more  than  two  persons  shall  ride  abreast 
in  the  streets  without  special  permission  from  the  superinten- 
dent of  police. 

Sec.  4.  No  person  shall  ride  a bicycle  upon  any  street, 
avenue,  lane,  alley,  or  other  public  place  in  the  city  of  Cin- 


28 


Ordinances  of  the  City  of  Cincinnati 


cinnati  so  as  to  interfere  with  any  fire-engine,  ladder-truck, 
hose-truck,  or  any  other  wagon  or  vehicle  used  by  the  fire 
department,  or  with  any  member  of  the  fire  department,  while 
going  to  or  from  a fire,  or  with  any  person  or  vehicle  used  by 
any  salvage  corps  while  going  to  or  returning  from  a fire. 

SEC.  5.  Any  person  violating  any  of  the  provisions  of  this 
ordinance  shall  be  deemed  guilty  of  a misdemeanor,  and  upon 
conviction  thereof  shall  be  fined  in  any  sum  not  exceeding  five 
dollars  and  costs  of  prosecution. 

NO.  38.  Passed  July  6,  1897. 

To  regulate  the  sprinkling  of  certain  streets,  avenues,  thorough- 
fares, and  public  ways  of  the  City  of  Cincinnati. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati : 

SEC.  1.  That  it  shall  be  unlawful  to  sprinkle,  by  means 
of  sprinkling-cart,  hose,  or  other  apparatus,  the  entire  width 
of  any  street,  avenue,  thoroughfare,  or  public  way  of  the  city 
of  Cincinnati  that  is  paved  with  asphalt,  granite,  or  brick. 

SEC.  2.  Such  sprinkling  shall  always  be  done  so  as  to  leave 
on  any  such  street,  avenue,  thoroughfare,  or  public  way  a dry 
strip  in  the  center  thereof  of  not  less  than  four  nor  more  than 
six  feet  in  width. 

SEC.  .3.  Any  person  violating  the  provisions  of  this  ordi- 
nance shall  be,  upon  conviction  thereof,  fined  not  less  than  one 
dollar  nor  more  than  five  dollars  for  any  such  offense. 

[Note. — The  intent  of  this  ordinance  is  to  preserve  a “ dry  strip  ” 
for  bicycles.] 


NO.  308.  Passed  May  29,  1899. 

To  provide  against  obstructions  and  injuries  to  cycle  and  cinder 
paths. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati : 

SEC.  1.  That  it  shall  be  unlawful  for  any  person  to  ride  or 
drive  an  animal,  or  drive  a vehicle  drawn  by  an  animal,  upon 
or  along  any  cinder  path  or  other  path  constructed  solely  for 
the  use  of  bicycle  riders  in  the  city  of  Cincinnati. 


Ordinances  of  the  City  of  Cincinnati 


29 


Sec.  2.  That  it  shall  be  unlawful  for  any  person  to  place 
or  cause  to  be  placed  in  or  upon  any  cinder  path  or  other 
path  constructed  solely  for  the  use  of  bicycle  riders  in  the 
city  of  Cincinnati  any  tack,  nail,  piece  of  iron,  broken  glass, 
bottle,  brier,  thorn,  or  other  substance,  except  such  substance 
as  may  be  placed  on  same  by  lawful  authority  for  the  repair  or 
construction  of  the  same. 

Sec.  3.  That  any  person  or  persons  violating  Section  1 or 
Section  2 of  this  ordinance  shall  be  deemed  guilty  of  a misde- 
meanor, and  upon  conviction  thereof  shall  be  punished  by 
a fine  of  not  more  than  fifty  dollars  and  the  costs  of  prose- 
cution, which  said  fines  shall  be  paid  to  the  city  auditor, 
and  by  him  credited  to  the  road  or  street-repair  fund  of  the 
said  city  of  Cincinnati. 

Sec.  4.  Nothing  in  this  ordinance  shall  be  construed  to 
prohibit  the  necessary  and  proper  ingress  or  egress  to  and 
from  property,  or  to  prohibit  the  necessary  and  proper  cross- 
ing of  cycle  paths  or  public  ways  at  intersections  of  the  public 
highway. 

BLOCKED  SQUARES. 


[Continuation  of  list  in  Coppock  and  Hertenstein  of  blocked  squares, 
in  which  the  erection  of  any  building,  or  addition  to  any  building,  more 
than  ten  feet  high,  unless  the  outer  walls  be  made  of  iron,  stone,  brick 
and  mortar,  or  of  some  of  them,  is  prohibited.] 

No.  3959  (passed  July  8, 1887). — Evans  Alley,  Loth  Street, 
East  Alley,  and  north  line  of  Elsas  & Loth’s  subdivision. 

No.  4048  (passed  March  23,  1888).— C.  I.  St.  L.  & C.  R.  R. 
on  the  east,  by  Fifth  Street  on  the  south,  by  Hannibal  Street 
on  the  west,  and  by  Sixth  Street  on  the  north. 

No.  4100  (passed  August  17, 1888). — Spring-Grove  Avenue, 
Addison  Street,  Colerain  Avenue,  and  Queen-City  Avenue. 

No.  4114  (passed  September  7,  1888). — Western  Avenue, 
Hulbert  Alley,  Bank  and  Dayton  streets. 


30 


Ordinances  of  the  City  of  Cincinnati 


No.  4126  (passed  December  7,  1888). — Gest  Street,  South 
Street,  State  Avenue,  and  Depot  Street. 

No.  4147  (passed  January  11,  1889). — Mulberry  Street  from 
Vine  Street  east  to  an  alley  opposite  Rice  Street,  by  said  alley 
to  Peete  Street,  by  Peete  Street  to  Vine  Street  and  place  of 
beginning. 

No.  36  (passed  August  1,  1890). — Nassau,  North  St.  James 
Avenue,  Francisco  Street,  and  Fulton  Avenue. 

No.  31  (passed  June  5,  1891). — Bogen  Street,  Queen-City 
Avenue,  Oswald  Street,  and  Harrison  Avenue. 

No.  102  (passed  September  18,  1891). — Fairfield  Avenue, 
Lincoln  Avenue,  Kleine  Street,  and  Dexter  Avenue. 

No.  160  (passed  January  8,  1892). — Chase  Street,  Pullan 
Avenue,  Langland  Street,  and  Williamson  Place. 

No.  263  (passed  May  20,  1892). — Drake  Alley,  Young  Street, 
Boal  Street,  and  Prospect  Street. 

No.  287  (passed  June  17,  1892). — McMillan  Street,  Park 
Avenue,  Curtis  Street,  and  Kemper  Lane. 

No.  345  (passed  September  23,  1892). — McMicken  Avenue, 
Locust  Street,  Oak  and  Buckeye  streets. 

No.  793  (passed  June  1, 1894). — Freeman  Avenue,  Coleman, 
Dayton  and  York  streets. 

No.  775  (passed  April  20, 1894). — Colerain  Avenue,  Dorman 
Street,  Cherry  Street,  and  Burgoyne  Street. 

No.  813  (passed  July  20,  1894). — Saunders  Street,  Hunt- 
ington Place,  Main  Street,  Sycamore  or  Lewis  Street. 

No.  461  (passed  February  17,  1893). — Thill,  Loth,  St.  Joe, 
and  Vine  streets. 

No.  584  (passed  July  14, 1893). — Draper,  Straight,  Colerain 
Avenue,  and  Miami  and  Erie  Canal. 

No.  660  (passed  October  27,  1893). — Jefferson  Avenue, 
Scioto  Street,  Calhoun  and  Claassen  streets. 

No.  681  (passed  November  17,  1893).  — Fulton  Avenue, 
Nassau  Street,  St.  James  Avenue,  and  Eden  Park. 

No.  919  (passed  April  26,  1895). — Dalton,  Sherman  and 
McLean  avenues,  and  Poplar  Street. 


Ordinances  of  the  City  of  Cincinnati 


31 


No.  941  (passed  June  21,  1895). — North  side  of  Fourteenth 
to  south  side  of  Fifteenth,  west  side  of  Bremen,  and  east  side 
of  Race. 

No.  960  (passed  July  19,  1895). — State  Avenue,  Staebler 
Street,  Burns  Street,  and  (including  Hatmaker  Street)  Wash- 
ington Alley. 

No.  1010  (passed  December  6, 1895). — Grand  Avenue,  Nassau 
Street,  Fulton  Avenue,  and  Eden  Park,  Walnut  Hills. 

No.  1087  (passed  August  24,  1896). — State  Avenue,  Storrs 
Street,  Burns  Street,  and  Staebler  Street,  including  Neave 
Street  between  Staebler  and  Storrs  streets. 

No.  1168  (passed  February  23,  1897).  — Hackberry  and 
Clayton  streets  and  Moorman  and  Forest  avenues. 

No.  262  (passed  February  6,  1899).  — McMillan  Street, 
Kinsey  Avenue,  Reading  Road,  and  Cumberland  Street. 

No.  288  (passed  April  10,  1899). — Court,  John,  Elizabeth, 
and  Mound  streets. 

No.  712  (passed  September  3,  1901). — Hamilton  Avenue, 
Pullan  Avenue,  Brookside  Avenue,  and  Chase  Avenue. 

No.  992  (passed  December  15,  1902). — Hickman  Avenue, 
Reading  Road,  Harvey  and  Ridgeway  avenues. 

Ordinances  to  Bdock  Squares  Repealed. 

No.  4058  (passed  March  30,  1888). — High,  Congress,  Deer 
Creek,  and  Butler  Street. 

No.  4165  (passed  February  8,  1889).  — Butler  and  Front 
streets,  the  Miami  Canal,  and  Ohio  River. 

No.  59  (passed  July  31,  1891).  — McMillan  Street,  Park 
Avenue,  Cemetery  Street,  and  Kemper  Lane. 

No.  78  (passed  August  28,  1891). — Crossing  C.  H.  & D.  R.  R. 
and  Harrison  Avenue,  running  along  to  G.  M.  Herancourt’s 
brewery,  east  to  crossing  of  C.  H.  & D.  R.  R.,  thence  south 
to  place  of  beginning. 

No.  581  (passed  July  7,  1893). — Ninth,  Linn,  Richmond, 
and  Cutter  streets. 


32 


Ordinances  of  the  City  of  Cincinnati 


No.  1078  (passed  July  27, 1896). — Madisonville  Pike,  Kleine 
Street,  Forest  Avenue,  and  Hackberry  Street. 

No.  1086  (passed  August  24,  1896). — Front,  Harriet,  Sixth, 
and  Horne  streets. 

No.  242  (passed  November  7,  1898).  — Freeman,  Denman 
and  Bank  streets,  and  Central  Avenue. 

No.  268  (passed  February  13,  1899).  — Freeman,  Sixth, 
George,  and  Baymiller  streets. 

No.  279  (passed  March  6,  1889).  — Fairfield,  Lincoln  and 
Dexter  avenues,  and  Kleine  Street. 

No.  450  (passed  April  3,  1900). — Wilstach,  Wade  and  Den- 
man streets,  and  a line  225  feet  west  of  Denman  Street,  it  being 
a part  of  Ordinance  No.  191  to  block  the  square  bounded  by 
Liberty,  Wade  and  Denman  streets,  and  a line  550  feet  west 
of  Denman  Street. 

No.  646  (passed  April  29,  1901).  — Parson,  East  Front, 
Pearl,  and  Martin  streets. 

No.  730  (passed  September  23, 1901). — Chase  Street,  Turrill 
Street,  Pullan  Avenue,  and  Hamilton  Avenue. 

No.  746  (passed  October  28,  1901). — Ferry  Street,  Eastern 
Avenue,  Lewis  Street,  and  the  Ohio  River. 

No.  773  (passed  January  16,  1902).  — Dunlap,  Stark,  East 
Plum,  and  Findlay  streets. 

No.  848  (passed  May  26,  1902). — Freeman  Avenue,  West 
Front,  Carr,  and  Sargent  streets. 

No.  885  (passed  July  21,  1902). — Sycamore,  Milton  and 
Boal  streets,  and  Von  Seggern  Alley. 

No.  1039  (passed  February  24,  1903). — Stark  Street,  Ham- 
ilton Road,  Dunlap  Street,  and  Miami  Canal. 

No.  1067  (passed  April  20,  1903). — Hickman  Avenue,  Read- 
ing Road,  Harvey  Avenue,  and  Ridgeway  Avenue. 

No.  208  (passed  November  5,  1903).  — Central  Avenue, 
Freeman  Avenue,  Clearwater  Street,  and  Ailanthus  Alley. 


Ordinances  of  the  City  of  Cincinnati 


33 


No.  914.  Passed  April  5,  1895. 

Authorizing:  the  issue  of  extension  bonds  of  the  City  of  Cincinnati. 
Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati: 

Sec.  1.  That  the  Sinking  Fund  Trustees  of  said  city,  for 
the  purpose  of  extending  the  time  of  the  payment  of  any  exist- 
ing indebtedness  of  said  city,  are  hereby  authorized  to  issue, 
from  time  to  time  as  required,  extension  bonds  of  the  city  in  an 
amount  not  to  exceed  in  the  aggregate  four  hundred  thousand 
dollars,  dated  as  issued,  and  running  until  July  1,  1902,  and 
bearing  interest  at  the  rate  of  four  per  cent  per  annum  ; payable 
semi-annually  each  July  1st  and  January  1st  after  the  date  of 
the  bonds,  the  first  coupon  on  each  bond  being  for  fractional 
interest  to  the  regular  semi-annual  interest  day  next  succeed- 
ing ; the  principal  and  interest  on  said  bonds  to  be  payable  at 
the  Third  National  Bank  of  Cincinnati. 

Sec.  2.  The  said  bonds  shall  be  signed  by  the  mayor  and 
auditor,  and  attested  with  the  seal  of  the  city,  and  secured  by  a 
pledge  of  the  faith  and  credit  of  the  city,  and  by  a tax  on  every 
dollar  of  valuation  on  the  tax  duplicate,  which  it  shall  be  the 
duty  of  the  Board  of  Legislation  annually  during  the  term  of 
said  bonds  to  levy,  sufficient  to  pay  the  interest  and  to  provide 
a sinking  fund  of  not  less  than  three  per  cent  annually  on  the 
amount  of  bonds  issued  thereunder  ; it  being  the  intent  of  this 
ordinance  not  to  provide  for  full  payment  of  said  bonds  at  their 
maturity,  but  only  of  such  proportion  thereof  as  is  now  pro- 
vided by  law  for  the  other  general  bonds  of  the  city,  to  the  end 
that  on  July  1,  1902,  the  unpaid  residue  of  the  bonds  issued 
under  this  ordinance,  together  with  the  Cincinnati  Southern 
Railway  bonds  at  that  time  maturing,  may  be  then  extended  or 
renewed,  as  may  be  necessary  or  expedient. 

SEC.  3.  The  bonds  issued  under  this  ordinance  shall  be  sold 
in  the  manner  provided  by  law  for  the  sale  of  the  city’s  bonds, 
and  the  proceeds  shall  be  paid  to  the  Sinking  Fund  Trustees, 
and  by  them  shall  be  applied  to  the  payment  or  redemption 
of  the  city’s  general  bonds  at  maturity.  Any  and  all  surplus 
shall  be  credited  to  the  general  sinking  fund  of  the  city. 


34 


Ordinances  of  the  City  of  Cincinnati 


No.  805.  Passed  March  17,  1902. 

To  further  provide  for  filing:  of  official  bonds,  and  to  repeal  Ordi- 
nance No.  736,  passed  October  7,  1901. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati : 

SEC.  1.  It  shall  be  the  duty  of  the  city  clerk  to  make  and 
preserve  an  accurate  indexed  record  of  all  bonds  of  officials  and 
employees  of  the  city  of  Cincinnati  that,  under  requirements 
of  statutes  or  ordinances,  shall  be  filed  with  him,  which  records 
shall  be  open  at  all  times  for  public  inspection. 

Sec.  2.  It  shall  also  be  the  duty  of  the  city  clerk,  in  all 
instances  of  bonds  of  officials  and  employees  of  the  city  of 
Cincinnati  required  by  statutes  or  ordinances  to  be  filed  with 
him,  to  require  that  such  bonds  shall  be  filed  or  renewed  in 
proper  time,  to  which  end  he  shall  serve  notice  upon  persons 
heretofore  referred  to  in  this  section  ten  days  in  advance  of  time 
for  renewing  bonds  ; and  in  cases  of  those  thus  referred  to 
newly  elected  or  appointed  shall  require  the  bond  previous  to 
their  entering  upon  the  discharge  of  their  duties.  Upon  failure 
of  any  person  so  notified  to  file  bond  he  shall  give  immediate 
notice  thereof  to  the  Board  of  Legislation. 

Sec.  3.  It  shall  be  the  duty  of  the  city  auditor  to,  in  like 
manner  as  provided  in  sections  1 and  2 hereof,  require  and 
make  record  of  the  bond  of  the  city  clerk. 

Sec.  4.  An  ordinance  numbered  736,  passed  October  7, 
1901,  is  hereby  repealed. 

[NOTE.— The  new  code  requires  that  all  such  bonds  except  that  of 
the  auditor  shall  be  filed  with  the  auditor,  and  that  of  the  auditor’s 
shall  be  filed  with  the  clerk  of  Council.] 

BOND  ISSUES  ORDERED. 

$200,000  Resurfacing  (Ord.  No.  852,  passed  June  2,  1902). 

$50,000  Park  (Ord.  No.  853,  passed  June  2,  1902). 

$45,000  Hospitals  and  Pest-houses  (Ord.  No.  922,  passed 
September  2,  1902). 

$6,000  Market-houses  (Ord.  No.  941,  passed  Oct.  6,  1902). 


Ordinances  of  the  City  of  Cincinnati 


$50,000  Hast  Court  Street  (Ord.  No.  951,  passed  October 
13,  1902). 

$37,000  Sanitary  Purposes  (Ord.  No.  959,  passed  October 
27,  1902). 

$100,000  Hospital  (Ord.  No.  1000,  passed  Dec.  22,  1902). 
$25,000  Condemnation  (Ord.  No.  1021,  passed  January 
26,  1903). 

$10,000  Viaducts  (Ord.  No.  1034,  passed  Feb.  9,  1903). 
$22,000  Bremen  - street  Bath-house  (Ord.  No.  1041,  passed 
February  24,  1903).  Repealed  by  Ord.  No.  21,  passed  May  25, 
1903,  and  reordained  by  Ord.  No.  27,  passed  June  1,  1903. 

$18,500  Glen  way  Avenue  (Ord.  No.  1057,  passed  March 
9,  1903). 

$40,000  City  Hall  (Ord.  No.  1072,  passed  April  20,  1903). 
$1,000,000  Play -grounds  and  Parks  (Ord.  1058,  passed 
March  16,  1903).  Repealed  by  Ord.  No.  12,  passed  May  11, 
1903,  and  reordained  by  Ord.  No.  13,  passed  May  11,  1903. 

$250,000  Sewers,  Drains,  etc.  (Ord.  No.  145,  passed  Sept. 
21,  1903). 

$250,000  Street  Improvements  (Ord.  No.  146,  passed  Sept. 
21,  1903). 

$25,000  Street  Improvements  (Ord.  No.  206,  passed  Nov. 
5,  1903). 

$40,000  City  Infirmary  (Ord.  No.  221,  passed  November 
16,  1903). 

$12,000  Free  Public  Libraries  (Ord.  228,  passed  Novem- 
ber 23,  1903). 

A RESOLUTION  Passed  January  4,  1904. 

As  to  bonds  for  street  improvements. 

Whereas , The  Board  of  Trustees  of  the  Sinking  Fund  of 
the  city  of  Cincinnati,  by  reason  of  the  approaching  maturity 
of  a large  number  of  city  bonds,  has  declined  to  take  street- 
improvement  bonds,  the  issue  of  which  is  provided  for  by 
ordinances  of  Council  in  proceedings  for  the  improvement  of 


36 


Ordinances  of  the  City  of  Cincinnati 


streets,  and  it  therefore  becomes  necessary  to  offer  said  bonds 
for  sale  : Now,  therefore — 

Be  it  resolved  by  the  Council  of  the  City  of  Cincinnati , 
That  the  auditor  of  said  city  be  and  he  is  hereby  authorized 
to  advertise  and  sell  said  bonds  as  provided  by  law,  and  to 
pay  the  proceeds  of  such  sale  to  the  city  treasurer. 

No.  3964.  Passed  August  17,  1887. 

Providing-  for  the  reg-ulation  of  bootblacks. 

Be  it  ordained  by  the  Common  Council  of  Cincinnati : 

SEC.  1.  That  no  boy  or  boys  or  other  persons  known  as 
bootblacks  shall  ply  their  trade  or  business  in  any  streets, 
avenues,  parks,  or  other  public  spaces  of  this  city  without  a 
permit  from  the  mayor,  as  hereinafter  provided. 

SEC.  2.  That  the  mayor  is  hereby  authorized  to  grant 
permits  in  writing  to  the  class  of  persons  known  as  bootblacks 
to  ply  their  trade  or  business  in  the  streets,  avenues,  parks,  or 
other  public  spaces  of  this  city.  No  permit  shall  be  issued  to 
any  applicant  until  the  parent  or  guardian  of  said  applicant  or 
some  other  person  shall  give  to  the  mayor  satisfactory  assurance 
of  the  good  character  of  such  applicant.  All  permits  granted 
under  this  ordinance  shall  last  for  a period  of  not  more  than 
one  year,  and  may  be  renewed  annually. 

Sec.  3.  That  each  person  receiving  such  permit  as  provided 
for  in  the  foregoing  section  shall  forthwith  present  the  same  to 
the  superintendent  of  police,  whose  duty  it  shall  be  to  supply 
such  person  with  a badge  and  number  made  of  metal,  said 
badge  to  be  and  remain  the  property  of  the  city  of  Cincinnati, 
and  shall  be  returned  to  said  superintendent  of  police  at  the 
expiration  of  the  time  for  which  said  permit  was  granted,  or 
at  any  time  should  said  permit  be  revoked  ; the  superintendent 
of  police  shall  indorse  such  number  upon  the  permit,  and  cause 
a record  to  be  made  of  the  name  of  each  person  to  whom  a 
permit  is  granted,  with  his  place  of  residence,  the  business  he 
is  permitted  to  pursue  under  this  ordinance,  and  the  number 


Ordinances  of  the  City  of  Cincinnati 


37 


with  which  he  is  supplied.  The  superintendent  of  police  on 
issuing  each  and  every  permit,  including  renewals,  shall  collect 
a fee  of  ten  cents  from  each  person  to  whom  the  badge  and 
number  herein  provided  for  are  issued.  Said  tax  as  herein 
provided  for  shall  be  paid  into  the  city  treasury  in  the  same 
manner  as  license  fees. 

SEC.  4.  That  each  person  to  whom  a number  and  badge 
are  issued  under  the  preceding  section  of  this  ordinance  shall 
while  plying  his  business  wear  said  badge  on  the  front  of  his 
hat  or  cap,  or  on  the  breast  of  his  coat,  so  that  the  same  may 
be  plainly  seen. 

Sec.  5.  That  the  mayor  may  revoke  the  permit  herein 
provided  for,  and  it  shall  be  deemed  sufficient  cause  for  such 
revocation  that  the  person  whose  permit  is  revoked  has  while 
enjoying  said  permit  been  guilty  of  using  indecent  or  profane 
language,  or  of  committing  any  act  of  a disorderly  or  dishonest 
nature,  or  has,  if  a minor,  been  visiting  or  loitering  around 
saloons,  or  in  any  case  if  seen  intoxicated  in  the  streets  or 
public  thoroughfares  while  wearing  said  number  or  pursuing 
the  vocation  of  bootblack. 

Sec.  6.  That  any  violation  of  or  failure  to  comply  with  the 
provisions  of  this  ordinance  shall  be  punished  by  a fine  not  to 
exceed  ten  dollars  and  costs,  in  default  of  which  the  offender 
be  committed  to  the  House  of  Refuge. 

A RESOLUTION.  Passed  September  30,  1887. 

Authorizing1  bridge  over  and  across  Hazen  Alley. 

Resolved , That  the  Christian  Moerlein  Brewing  Company  be 
and  they  are  hereby  authorized  and  granted  the  right  to  build 
a bridge  over  and  across  Hazen  Alley,  between  Henry  Street 
and  McMicken  Avenue,  for  the  purpose  of  connecting  their 
property  situated  on  both  sides  of  said  alley,  upon  condition 
that  said  company  will  remove  bridge  within  thirty  days  after 
receiving  notice  so  to  do  from  the  Board  of  Public  Affairs;  said 
bridge  to  be  at  least  twenty-five  feet  above  the  alley,  and  to  be 


38 


Ordinances  of  the  City  of  Cincinnati 


built  under  direction  and  to  the  satisfaction  of  the  Board  of 
Public  Affairs  and  the  inspector  of  buildings. 

No.  54.  Passed  September  9,  1890. 

Granting1  to  the  Roth  - Meyer  Packing1  Company  permission  to  erect 
a bridg-e  across  Espanola  Alley,  connecting1  building-s  on  either 
side  thereof. 

Be  it  ordained  by  the  City  Council  of  Cincinnati : 

SEC.  1.  That  permission  be  and  the  same  is  hereby  granted 
to  the  Roth  - Meyer  Packing  Company  to  erect  a bridge  not 
exceeding  seventy  feet  in  width  across  Espanola  Alley,  between 
Eouisa  Street  and  Freeman  Avenue,  for  the  purpose  of  con- 
necting their  buildings  on  either  side  of  said  alley  ; said  bridge 
to  be  not  less  than  sixteen  feet  above  the  curb  of  said  alley,  and 
said  bridge  to  be  built  so  as  not  to  obstruct  or  interfere  with 
ordinary  travel  through  said  alley. 

No.  1051.  Passed  March  2,  1903. 

Granting1  to  the  John  C.  Roth  Packing1  Company  permission  to  erect 
over  and  upon  the  bridg-e  heretofore  erected  by  them  a structure 
connecting1  their  building's  on  either  side  of  Espanola  Alley. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati : 

SEC.  1.  That  permission  be  and  the  same  is  hereby  granted 
to  the  John  C.  Roth  Packing  Company  to  erect  over  and  upon 
the  bridge  heretofore  erected  by  them  a structure,  upon  plans 
to  be  approved  by  the  inspector  of  buildings,  over  Espanola 
Alley,  connecting  their  buildings  on  either  side  of  said  alley, 
said  bridge  having  been  constructed  under  an  ordinance  passed 
September  9,  1890,  by  the  City  Council  of  Cincinnati. 

No.  599.  Passed  August  4,  1893. 

To  authorize  and  permit  the  Cincinnati  Abattoir  Company  to  con- 
nect their  building-s  on  Alabama  Avenue  by  constructing-  bridgres 
across  said  Alabama  Avenue. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati: 

That  the  Cincinnati  Abattoir  Company  be  and  is  hereby 
authorized  and  permitted  to  connect  its  buildings  on  the  south 


Ordinances  of  the  City  of  Cincinnati 


39 


side  of  Alabama  Avenue  with  its  buildings  on  the  north  side 
of  Alabama  Avenue  by  constructing  three  bridges  across  said 
Alabama  Avenue ; one  bridge  to  be  constructed  at  a point  not 
more  than  twelve  feet  west  of  Johnston  Street,  another  bridge 
at  a point  not  more  than  sixty  feet  west  of  Johnston  Street, 
and  another  bridge  at  a point  not  more  than  two  hundred  and 
thirty  feet  west  of  Johnston  Street ; said  bridges  to  be  not  less 
than  sixteen  feet  above  the  surface  of  said  avenue  over  which 
they  are  to  be  built,  and  to  be  without  any  uprights  or  supports 
in  the  roadway  of  the  avenue,  and  according  to  plans  which 
must  first  be  approved  by  the  chief  engineer  of  the  Board  of 
Administration  and  the  inspector  of  buildings  as  to  security 
and  safety. 

No.  473.  Passed  March  10,  1893. 

To  authorize  and  permit  the  J.  A.  Fay  & Egan  Company  to  connect 
its  buildings  at  the  corner  of  Front  and  John  streets  by  con- 
structing a bridge  across  John  Street,  north  of  Front  Street,  and 
one  across  Front  Street,  west  of  John  Street. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati : 

That  the  J.  A.  Fay  & Egan  Company  (a  large  manu- 
facturing company  doing  business  at  Front  and  John  streets, 
and  using  in  its  said  business  the  buildings  at  the  northeast 
corner,  the  northwest  corner,  and  the  southwest  corner  of  said 
streets)  be  and  it  is  hereby  authorized  and  permitted  to  connect 
its  said  buildings  at  said  corners  by  constructing  a bridge  across 
John  Street  at  a point  not  more  than  sixty  feet  north  of  Front 
Street,  and  another  bridge  across  Front  Street  at  a point  not 
more  than  forty  feet  west  of  John  Street;  said  bridges  to  be  not 
less  than  thirty  feet  above  the  surface  of  said  streets  over  which 
they  are  to  be  built,  and  to  be  without  any  uprights  or  sup- 
ports in  the  roadway  of  the  street,  and  according  to  plans 
which  must  first  be  approved  by  the  chief  engineer  of  the 
Board  of  Administration  and  the  inspector  of  buildings  as 
to  security  and  safety. 


40 


Ordinances  of  the  City  of  Cincinnati 


No.  716.  Passed  January  5,  1894. 

Granting  to  the  A.  Sander  Packing  Company  permission  to  erect  a 
bridge  across  Espanola  Alley. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati: 

SEC.  1.  That  permission  be  and  the  same  is  hereby  granted 
to  the  A.  Sander  Packing  Company  of  Cincinnati,  Ohio,  its 
successors  and  assigns,  to  erect  a bridge  not  exceeding  fifty  feet 
in  width  across  Espanola  Alley,  between  Louisa  Street  and 
Freeman  Avenue,  and  to  maintain  the  same  for  the  purpose 
of  connecting  its  building  on  either  side  of  said  alley ; said 
bridge  to  be  not  less  than  twenty -three  feet  above  the  curb 
of  said  alley,  and  said  bridge  to  be  built  so  as  not  to  obstruct 
or  interfere  with  the  travel  through  said  alley. 

No.  422.  Passed  February  5,  1900. 

Granting  to  the  A.  Sander  Packing  Company  permission  to  erect  a 
bridge  across  Espanola  Alley. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati: 

Sec.  1.  That  permission  be  and  the  same  is  granted  to  the 
A.  Sander  Packing  Company  of  Cincinnati,  its  successors  and 
assigns,  to  erect  a bridge  not  exceeding  twenty  feet  in  width 
across  Espanola  Alley,  between  Louisa  Street  and  Freeman 
Avenue,  and  to  maintain  the  same  for  the  purpose  of  connect- 
ing its  buildings  on  either  side  of  said  alley  ; said  bridge  to 
be  not  less  than  fourteen  feet  above  the  curb  of  said  alley,  and 
said  bridge  to  be  built  so  as  not  to  obstruct  or  interfere  with 
the  travel  through  said  alley. 

No.  1040.  Passed  November  22,  1895. 

To  authorize  the  Covington  and  Cincinnati  Bridge  Company  to  extend 
and  reconstruct  the  northern  approach  to  its  bridge  over  certain 
streets. 

Be  it  ordained'  by  the  Board  of  Legislation  of  Cincinnati : 

SEC.  1.  That  permission  is  hereby  granted  to  the  Covington 
and  Cincinnati  Bridge  Company  to  extend  and  reconstruct  the 


Ordinances  of  the  City  of  Cincinnati 


• 41 


northern  approaches  to  its  bridge  over  Water,  Front,  and  Com- 
merce streets  in  the  city  of  Cincinnati,  and  to  maintain  and 
operate  the  same  forever,  upon  the  following  conditions : 

1.  The  elevation  of  said  approach  over  Water  Street  shall 
be  not  less  than  sixteen  feet  in  the  clear,  measured  in  a perpen- 
dicular line  from  the  north  curb  of  said  street.  The  clearance 
estimated  in  the  same  manner  shall  be  not  less  than  fifteen  feet 
over  Front  Street  at  present  grade,  and  not  less  than  eight  feet 
over  Commerce  Street.  The  line  of  said  extended  approach 
shall  be  a due  north  and  south  line  from  the  present  terminus 
of  said  bridge,  and  the  extreme  width  of  the  right  of  way 
hereby  granted  shall  be  fifty- two  feet. 

2.  No  part  of  said  structure  shall  rest  upon  either  of  said 
streets,  but  shall  be  supported  wholly  upon  the  property  of  said 
bridge  company. 

3.  Said  company  shall  pay  any  damages  for  which  the  city 
may  be  made  liable  for  any  injury  to  persons  or  property  on 
account  of  said  grant. 

No.  1055.  Passed  April  17,  1896. 

Amending-  an  ordinance  entitled  “ An  ordinance  to  authorize  the 
Coving-ton  and  Cincinnati  Bridg-e  Company  to  extend  and  recon- 
struct the  northern  approach  to  its  bridg-e  over  certain  streets.” 

Whereas , It  appears  that  by  the  erection  of  certain  supports 
or  posts  in  the  curb-lines  of  Front  and  Water  streets  the  eleva- 
tion of  the  proposed  approaches  of  the  Covington  and  Cincinnati 
Bridge  Company  over  said  streets  may  be  increased  without 
increasing  the  grade  of  said  approaches ; now  therefore  be  it 
ordained  by  the  Board  of  Legislation  of  Cincinnati : 

Sec.  1.  That  Clause  2,  Section  1,  of  the  ordinance  entitled 
“An  ordinance  to  authorize  the  Covington  and  Cincinnati  Bridge 
Company  to  extend  and  reconstruct  the  northern  approach  to 
its  bridge  over  certain  streets,”  be  amended  so  as  to  read  as 
follows  : “ Said  structure  shall  be  supported  upon  not  more 
than  five  iron  posts  or  supports  erected  upon  both  the  north 
and  the  south  curb-lines  of  both  Water  and  Front  streets.” 


42 


Ordinances  of  the  City  of  Cincinnati 


Sec.  2.  That  said  Clause  2,  Section  1,  of  said  ordinance — 
in  the  following  words  : “ No  part  of  said  structure  shall  rest 
upon  either  of  said  streets,  but  shall  be  supported  wholly  upon 
the  property  of  said  bridge  company” — be  and  the  same  is 
hereby  repealed. 

Sec.  3.  This  ordinance  shall  take  effect  from  and  after  the 
earliest  period  allowed  by  law,  and  upon  condition  only  that 
the  elevation  of  said  proposed  approaches  over  Front  and  Water 
streets  shall  be  increased  so  as  to  give  not  less  than  sixteen  feet 
in  the  clear  over  the  railroad  track  as  at  present  constructed  in 
Front  Street,  and  not  less  than  seventeen  feet  in  the  clear  over 
the  railroad  track  as  at  present  constructed  in  Water  Street ; 
and  upon  the  further  condition  that  said  bridge  company  accept 
the  terms  and  conditions  of  said  ordinance,  as  herein  amended, 
by  a communication  in  writing,  within  ten  days  from  the  date 
of  the  passage  of  this  ordinance. 

No.  1043.  Passed  March  20,  1896. 

Granting1  to  the  Gaff  estate  privilege  to  erect  bridge  across  Pugh 
Alley,  between  Central  Avenue  and  John  Street. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati : 

That  permission  be  and  the  same  is  hereby  granted  to  the 
Gaff  estate  of  Cincinnati,  Ohio,  to  erect  a bridge  not  over  six 
feet  in  width  across  Pugh  Alley,  between  John  Street  and  Central 
Avenue,  for  the  purpose  of  connecting  their  buildings  ; said 
bridge  to  be  not  less  than  twenty  - six  feet  above  curb,  and 
built  so  as  not  to  obstruct  or  interfere  with  travel  through 
said  alley. 

No.  68.  Passed  September  27,  1897. 

Granting  to  the  Munro  Turkish  Bath  Company  permission  to  erect  a 
bridge  across  L’Hommedieu  Alley,  connecting  buildings  on  either 
side  thereof. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati: 

Sec.  1.  That  permission  be  and  the  same  is  hereby  granted 
the  Munro  Turkish  Bath  Company  to  erect  a bridge  not  ex- 


Ordinances  of  the  City  of  Cincinnati 


43 


ceeding  four  feet  in  width  across  L’Hommedieu  Alley,  between 
College  Street  and  Race  Street,  for  the  purpose  of  connecting 
their  buildings  on  either  side  of  said  alley ; said  bridge  to  be 
not  less  than  sixteen  feet  above  the  curb  of  said  alley,  and  said 
bridge  to  be  built  so  as  not  to  obstruct  or  interfere  with  ordinary 
travel  through  said  alley. 

No.  247.  Passed  November  21,  1898. 

Authorizing-  the  erection  of  bridges  across  Summer  Street,  connect- 
ing the  second,  third,  and  fourth  floors  of  buildings  of  the  Anchor 
Buggy  Company. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincmnati : 

SEC.  1.  That  the  Anchor  Buggy  Company  is  hereby  author- 
ized to  erect  and  maintain  bridges  over  and  across  Summer  Street 
for  the  purpose  of  connecting  the  second,  third,  and  fourth  floors 
of  the  four-story  brick  buildings  used  in  their  business  on  the 
east  and  west  sides  of  said  street,  north  of  South  Street. 

Sec.  2.  Said  bridges  shall  be  each  not  more  than  twelve 
feet  in  width.  The  bridge  connecting  the  second  floors  of  said 
buildings  shall  be  erected  at  a height  of  not  less  than  thirteen 
feet  above  the  surface  of  said  Summer  Street. 

Sec.  3.  These  bridges  shall  be  constructed  upon  plans  to 
be  approved  by  the  inspector  of  buildings  and  by  the  chief  en- 
gineer of  the  Board  of  City  Affairs. 

No.  256.  Passed  December  27,  1898. 

To  authorize  erection  of  bridge  over  and  across  Clearwater  Street. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati: 

That  permission  is  hereby  granted  to  John  Hoffmann  to 
erect  and  maintain  a bridge  over  and  across  Clearwater  Street, 
at  a height  of  not  less  than  twenty  feet  above  the  surface  of  said 
street,  to  connect  buildings  on  the  northwest  and  southwest 
corners  of  Clearwater  and  Baymiller  streets,  under  the  direction 
and  to  the  satisfaction  of  the  inspector  of  buildings  and  chief 
engineer  of  the  Board  of  City  Affairs. 


44 


Ordinances  of  the  City  of  Cincinnati 


NO.  290.  Passed  April  17,  1899. 

Granting1  to  the  L.  Schreiber  & Sons  Company  permission  to  erect 
a bridgre  across  Culvert  Street,  connecting1  building’s  on  either 
side  thereof. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati : 

Sec.  1.  That  permission  be  and  the  same  is  hereby  granted 
to  the  L.  Schreiber  & Sons  Company  to  erect  a bridge,  not  ex- 
ceeding six  feet  in  width,  over  Culvert  Street,  between  Seventh 
and  Eighth  streets,  for  the  purpose  of  connecting  their  build- 
ings on  either  side  of  said  street ; said  bridge  to  connect  the 
third  floors  of  said  buildings  at  a height  of  not  less  than  twenty- 
five  feet  above  the  curb  of  said  street,  and  to  be  built  so  as  not 
to  obstruct  or  interfere  with  ordinary  travel  through  said  street. 

No.  818.  Passed  February  24,  1902. 

To  authorize  the  Lunkenheimer  Company  to  erect  bridgres  across 
Lawnway  Avenue,  between  Waverly  Avenue  and  Tremont  Street, 
connecting-  the  buildingrs  of  said  company  on  the  east  and  west 
sides  of  Lawnway  Avenue. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati : 

SEC.  1.  That  permission  be  and  the  same  is  hereby  granted 
the  Lunkenheimer  Company  of  Cincinnati  to  erect  and  maintain 
bridges  over  and  across  Lawn  way  Avenue,  between  Waverly 
Avenue  and  Tremont  Street,  in  Fairmount,  for  the  purpose  of 
connecting  the  factory  buildings  belonging  to  said  company, 
which  are  situated  on  the  east  and  west  sides  of  said  Lawnway 
Avenue,  and  said  bridges  to  be  used  in  conjunction  with  busi- 
ness of  said  company  in  said  factory  buildings. 

Sec.  2.  That  said  bridges  shall  be  so  constructed  and  to  be 
at  such  a height  as  not  to  interfere  with  the  use  of  Lawnway 
Avenue,  and  at  a proper  height  above  the  surface  of  said  avenue, 
and  said  bridges  to  be  constructed  upon  plans  to  be  approved 
by  the  chief  engineer  of  the  Board  of  Public  Service  of  the  city 
of  Cincinnati. 


Ordinances  of  the  City  of  Cincinnati 


45 


No.  830.  Passed  April  21,  1902. 

To  authorize  the  construction  of  a bridge  over  and  across  Wade 
Street  to  connect  buildings  of  the  Windisch-Muhlhauser  Brewing 
Company. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati : 

SEC.  1.  That  permission  is  hereby  granted  to  the  Windisch- 
Muhlhauser  Brewing  Company  to  erect  and  maintain  a bridge 
over  and  across  Wade  Street,  between  Plum  and  Providence 
streets,  for  the  purpose  of  connecting  their  premises  now  in 
use  on  the  north  side  of  Wade  Street  with  their  buildings  in 
course  of  construction  on  the  south  side  of  Wade  Street. 

Sec.  2.  Said  bridge  shall  be  not  less  than  twenty-one  feet 
above  the  surface  of  Wade  Street,  with  an  interior  width  of 
six  feet,  resting  upon  I beams,  with  iron  pipe  rails  at  sides. 

SEC.  3.  The  construction  of  said  bridge  shall  be  under  the 
supervision  and  to  the  satisfaction  of  the  chief  engineer  of  the 
Board  of  Public  Service  and  the  inspector  of  buildings. 

No.  46.  Passed  June  15,  1903. 

Granting  to  J.  Bauer  the  right  to  have  and  maintain  a bridge  over 
and  a tunnel  under  German  Alley,  near  its  north  end. 

Be  it  ordamed  by  the  Council  of  the  City  of  Cincinnati , State  of  Ohio : 

Sec.  1.  That  J.  Bauer  be  and  he  is  hereby  granted  the 
right  to  connect  the  building  now  owned  by  himself  on  Main 
Street  with  a factory  and  bakery  to  be  built  at  Nos.  1316  and 
1318  Clay  Street  by  constructing  a bridge  across  German  Alley 
near  its  north  end,  and  by  constructing  a tunnel  not  to  exceed 
five  feet  in  width  under  said  German  Alley  near  its  north  end, 
said  bridge  to  be  built  not  less  than  twenty  feet  above  the 
surface  of  said  alley,  and  said  tunnel  to  be  made  not  less  than 
ten  feet  below  the  surface  of  said  alley,  both  bridge  and  tunnel 
to  be  built  and  constructed  according  to  plans  which  must 
first  be  submitted  to  and  approved  by  the  chief  engineer  of 
the  city. 

Sec.  2.  No  part  of  said  bridge  shall  rest  upon  said  alley, 
but  shall  be  supported  wholly  by  the  property  of  said  J.  Bauer  ; 


46 


Ordinances  of  the  City  of  Cincinnati 


and  said  bridge  to  be  built  so  as  not  to  obstruct  or  interfere 
with  ordinary  travel  through  said  alley. 

SEC.  3.  This  right  is  granted  on  the  express  condition  that 
said  J.  Bauer  shall  put  up  proper  supports  and  arching  to 
carry  the  surface  of  the  alley  over  said  tunnel,  and  repair 
any  or  all  damage  that  may  be  done  to  the  surface  or  paving 
of  said  alley  at  the  time  of  building  such  tunnel  or  thereafter 
up  to  the  time  of  the  expiration  of  this  grant. 

SEC.  4.  This  right  shall  be  for  the  period  of  twenty  years, 
and  shall  then  expire  ; provided,  however,  that  in  the  event 
of  its  interfering  at  any  time  with  the  contract  obligations 
of  the  city  of  Cincinnati,  or  with  the  regular  and  legitimate 
operations  of  any  of  its  departments,  or  with  any  improvements 
either  above  or  below  the  surface  of  said  alley  which  the  city 
may  see  fit  to  make,  then  and  in  that  event  said  rights  shall 
cease  and  determine. 

No.  225.  Passed  November  23,  1903. 

Granting-  Shannon  & Sokup  permission  to  erect  a balcony  over 
sidewalk. 

Be  it  ordained  by  the  Council  of  the  City  of  Cincinnati , State  of  Ohio: 

Sec.  1.  That  Shannon  & Sokup  are  hereby  authorized  to 
erect  and  maintain  a balcony  over  the  sidewalk  in  front  of  the 
premises  Nos.  118-120  West  Fifth  Street. 

SEC.  2.  Said  balcony  shall  be  of  the  height  of  at  least 
seventeen  feet  over  the  sidewalk,  supported  by  two  upright 
iron  posts  placed  on  the  sidewalk  in  front  of  said  premises  at 
the  curb-line,  one  near  the  east  and  one  near  the  west  line 
of  said  premises. 

SEC.  3.  Said  balcony  and  said  posts  shall  be  of  such  mate- 
rial and  workmanship  and  so  constructed  that  the  same  shall 
at  all  times  be  safe,  and  shall  in  no  manner  interfere  with  the 
travel  over  said  walk,  and  shall  be  constructed  under  the 
supervision  of  the  building  inspector. 

SEC.  4.  This  grant  shall  extend  for  the  period  of  ten  years, 
at  which  time  the  balcony  and  posts  shall  be  removed  ; and 


Ordinances  of  the  City  of  Cincinnati 


47 


if  at  any  time  the  said  balcony  or  posts  interfere  with  any 
contract  rights  of  the  city,  or  in  any  way  interfere  with  the 
performance  of  any  duty  or  obligation  of  any  department 
of  the  city,  the  same  may  be  ordered  removed,  and  the  said 
Shannon  & Sokup  shall  cause  the  same  to  be  removed. 

Sec.  5.  Upon  the  erection  of  said  balcony  the  present  arch 
and  the  posts  sustaining  the  same  in  front  of  said  premises 
shall  be  removed. 

No.  4220.  Passed  June  28,  1889. 

To  regulate  the  construction  of  buildings. 

Be  it  ordained  by  the  Common  Council  of  Cincinnati : 

SEC.  1.  That  all  applications  for  the  use  of  streets  or 
other  spaces  belonging  to  the  city  for  the  purpose  of  depos- 
iting building  material  thereon  shall  be  made  to  the  inspector 
of  buildings,  subject  to  the  approval  of  the  Board  of  Public 
Affairs,  describing  the  ground  and  the  length  of  time  of  such 
intended  occupation.  Permits  for  the  use  of  streets  and  other 
public  spaces  shall  not  be  granted  for  a longer  time  than  four 
months,  but  may  be  renewed  from  time  to  time  at  the  discre- 
tion of  the  inspector  of  buildings,  subject  to  the  approval  of 
the  Board  of  Public  Affairs,  such  renewal  not  being  for  more 
than  four  months  at  one  time.  Material  shall  not  be  deposited 
nearer  the  street-car  tracks  than  four  feet,  and  the  outside  line 
of  material  so  deposited  shall  not  extend  into  the  street  further 
.than  one  third  the  width  of  said  street ; the  gutter  to  be  kept 
clean  and  free  of  all  obstruction  ; the  permit  to  specify  the 
ground  occupied,  which  must  be  in  front  of  the  premises  to  be 
built  upon,  unless  more  space  is  absolutely  required. 

SEC.  2.  It  shall  be  unlawful  to  erect  and  use  any  derrick 
or  hoisting  apparatus  that  exceeds  twenty  feet  in  height  on  any 
street  or  sidewalk  of  the  said  city  for  the  purpose  of  erecting, 
changing,  or  repairing  any  building  or  structure  within  the 
limits  of  the  said  city,  except  a special  permit  be  issued  by 
the  inspector  of  buildings,  approved  by  the  Board  of  Public 


48 


Ordinances  of  the  City  of  Cincinnati 


Affairs  ; said  permit  to  be  issued  under  such  conditions  as 
may  be  required  by  the  inspector  of  buildings  and  Board  of 
Public  Affairs. 

SEC.  3.  Whenever  any  person  or  persons  or  corporation 
shall  be  about  to  erect,  change,  or  repair  any  building  within 
five  feet  of  the  line  of  a traveled  street,  said  person  or  persons 
or  corporation  shall  build  and  maintain  a temporary  sidewalk 
(or  bridge  if  there  is  an  area  under  permanent  sidewalk)  not 
less  than  four  feet  wide,  nor  more  than  six  feet  wide,  con- 
tiguous to  the  lot-line  of  the  premises  on  which  the  building 
is  to  be  erected.  This  sidewalk  (or  bridge)  shall  be  con- 
structed in  such  manner  as  the  inspector  of  buildings  shall 
direct,  and  when  the  said  building  is  one  story  high  shall  be 
roofed  and  provided  with  barricades  so  as  to  completely  protect 
the  passerby. 

Sec.  4.  That  any  person,  firm,  or  corporation,  either  as 
owner,  contractor,  or  architect,  or  any  agent,  trustee,  director, 
officer,  or  employee  of  any  person,  firm,  or  corporation,  who 
violates  or  authorizes  a violation  of  any  provision  of  this  ordi- 
nance, shall  be  guilty  of  a misdemeanor,  and  be  fined  not  less 
than  five  dollars  nor  more  than  one  hundred  dollars,  in  the 
discretion  of  the  court. 

SEC.  5.  All  ordinances  or  parts  of  ordinances  in  conflict 
with  this  ordinance  be  and  the  same  are  hereby  repealed. 

No.  587.  Passed  December  17,  1890. 

Requiring-  the  owner  or  owners  of  buildings  hereafter  to  be  erected 
for  tenement  purposes,  and  of  building-s  hereafter  to  be  remodeled 
into  houses  for  tenement  purposes,  to  provide  suitable  and  separate 
compartments  containing-  bath-tubs  in  such  building-s  and  houses 
for  the  exclusive  use  of  tenants. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati : 

Sec.  1 . That  in  every  building  that  may  be  hereafter  erected 
for  tenement  purposes,  and  in  all  buildings  hereafter  to  be  re- 
modeled into  houses  for  tenement  purposes,  there  shall  be  one 
compartment  containing  a bath-tub  for  each  tenement  or  suite 


Ordinances  of  the  City  of  Cincinnati 


49 


of  rooms  having  its  own  independent  hallway,  and  so  separated 
that  such  tenement  or  suite  of  rooms  shall  not  open  into  or  con- 
nect with  any  other  tenement  or  suite  of  rooms,  and  in  houses 
which  may  hereafter  be  erected  for  tenement  purposes,  or  which 
may  be  remodeled  into  houses  for  tenement  purposes,  and  which 
may  be  so  constructed  or  remodeled  that  a tenement  may  consist 
of  a single  room  or  two  rooms,  there  shall  be  at  least  one  com- 
partment for  bathing  purposes  for  every  three  such  rooms. 

SEC.  2.  Every  such  compartment  to  have  an  entirely  inde- 
pendent hall  entrance,  and  shall  contain  a bath-tub  with  a 
stationary  shower-bath  connection  of  hot  or  cold  water  supply  ; 
bath-tub  is  to  be  made  of  non-absorbent  material,  to  have  at 
least  1^-inch  waste  (properly  trapped  and  vented),  and  all 
plumbing  to  be  left  open  and  exposed.  The  floor  of  such 
compartment  to  be  constructed  of  or  covered  with  non-absorbent 
material,  and  shall  have  a base  or  wainscot  of  same  material  at 
least  twelve  inches  high,  same  to  have  at  least  1*4 -inch  waste 
(properly  trapped  and  vented),  with  brass  strainer  on  waste. 

SEC.  3.  The  inspector  of  buildings  is  hereby  charged  with 
the  duty  of  seeing  that  the  provisions  of  this  ordinance  are 
observed  and  enforced.  He  shall  notify  in  writing  the  owner, 
agent,  or  lessee  of  any  property  affected  by  the  provisions  of 
this  ordinance  to  comply  therewith. 

Sec.  4.  Any  person,  either  as  owner,  agent,  or  lessee,  who 
shall  erect,  alter,  or  construct  such  tenement -house,  or  who 
shall  let  or  rent  for  tenement  purpose  any  building  except  in 
conformity  with  the  provisions  of  this  ordinance,  shall  be  guilty 
of  a misdemeanor,  and  on  conviction  thereof  be  sentenced  to 
an  imprisonment  not  exceeding  three  months,  or  to  pay  a fine 
not  exceeding  five  hundred  dollars,  or  both,  in  the  discretion 
of  the  court  or  judge  imposing  the  same. 

Sec.  5.  The  term  “tenement-house  ” in  this  ordinance  shall 
be  taken  to  mean  every  building  which,  or  a portion  of  which, 
is  occupied  or  is  to  be  occupied  as  a residence  by  three  or 
more  families  living  independently  of  each  other,  and  doing 
the  cooking  upon  the  premises. 


50 


Ordinances  of  the  City  of  Cincinnati 


No.  970.  Passed  August  9,  1895. 

To  protect  the  streets,  sidewalks,  lanes,  alleys,  and  public  spaces 
in  the  City  of  Cincinnati. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati : 

Sec.  1.  That  it  shall  be  unlawful  for  the  owner,  lessee, 
occupant,  or  tenant  of  any  building  to  allow  any  open  areas, 
railings,  steps,  show-windows  or  cases,  or  any  portion  of  a 
building  or  other  structure  to  extend  beyond  the  line  of  any 
street  or  alley  under  ten  feet  above  the  level  of  the  curb-line 
opposite  the  center  of  such  projection,  and  above  the  said  ten 
feet  as  herein  provided. 

Sec.  2.  It  shall  be  unlawful  for  the  owner,  lessee,  occupant, 
or  tenant  of  any  building  to  build  or  cause  to  be  built  any  oriels, 
balconies,  turrets,  towers,  or  other  portions  of  a building  or 
structure,  other  than  pilasters,  cornices,  and  mouldings,  above 
said  ten  feet,  beyond  lines  drawn  from  the  intersection  of  the 
party -lines  and  building -line  at  an  angle  of  twenty-two  and  a 
half  degrees  with  the  latter,  and  to  a distance  of  not  more  than 
one  fourth  of  the  width  of  the  sidewalk  beyond  said  building- 
line ; provided  that  in  no  case  shall  said  projection  exceed 
fifteen  feet  in  width,  and  provided  further  that  such  projection 
shall  begin  not  less  than  three  feet  from  the  party-lines ; and 
where  there  are  two  or  more  such  projections  an  intermediate 
space  of  not  less  than  six  feet  shall  be  left  between  such  con- 
secutive projections,  but  at  the  corners  of  streets  or  alleys  such 
projections  shall  not  extend  beyond  one  fourth  the  width  of  the 
sidewalk  of  the  respective  streets  or  alleys. 

Sec.  3.  It  shall  be  unlawful  for  the  owner,  lessee,  occupant, 
or  tenant  of  any  building  to  permit  bases,  capitals,  corbels, 
mouldings,  sculpture,  and  other  decorative  features  which  are 
part  of  the  construction  of  a building  or  other  structure  to 
project  more  than  eight  inches  beyond  the  building-line  below 
the  said  ten  feet,  as  provided  for  in  Section  1. 

Sec.  4.  All  ordinances  or  parts  of  ordinances  inconsistent 
with  this  ordinance  be  and  the  same  are  hereby  repealed. 


Ordinances  of  the  City  of  Cincinnati 


51 


SEC.  5.  Any  person  violating  any  of  the  provisions  of  this 
ordinance  shall  on  conviction  be  fined  in  any  sum  not  exceed- 
ing one  hundred  dollars,  together  with  the  costs  of  prosecution. 
Every  day  on  which  this  ordinance  is  violated  shall  constitute  a 
separate  violation,  and  the  penalty  on  conviction  of  every  such 
separate  violation  shall  be  a sum  not  exceeding  one  hundred 
dollars,  together  with  the  costs  of  prosecution. 

NO.  1075.  Passed  July  20,  1896. 

To  regulate  the  ventilation  of  all  cellars  and  basements  within  the 
City  of  Cincinnati. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati : 

That  it  shall  be  the  duty  of  the  building  inspector  to  have 
all  cellars  and  basements  properly  ventilated,  so  as  all  poisonous 
air  shall  escape  from  the  cellars  and  basements,  and  thereby 
stop  the  danger  from  any  explosion.  Any  property -holder  or 
lessee  of  any  property  failing  to  have  their  cellars  ventilated 
within  thirty  days  after  the  property-holder,  his  agent,  or  the 
lessee  of  the  property  have  been  notified  by  the  building  in- 
spector or  assistant  building  inspector,  shall  be  deemed  guilty 
of  violating  a city  ordinance,  and  upon  conviction  in  the  Police 
Court  shall  be  fined  not  more  than  fifty  dollars. 


52 


Ordinances  of  the  City  of  Cincinnati 


No.  218.  Passed  August  15,  1898. 

To  provide  for  the  construction  of,  repair  of,  alteration  in,  and  ad- 
dition to  building’s  ; to  provide  for  the  construction  and  erection 
of  elevators  and  fire-escapes  in  and  upon  buildings ; to  provide 
for  the  removal  and  repair  of  insecure  buildings ; and  to  provide 
for  the  appointment  of  an  inspector  or  inspectors  of  buildings. 

[Amended  as  to  Sec.  2 by  Ord.  No.  861,  passed  June  9,  1902;  and 
as  to  Secs.  55,  62,  66,  69,  and  71,  by  Ord.  No.  269,  passed  February 
13,  1899;  and  as  to  Sec.  3,  by  Ord.  No.  734,  passed  September  30, 
1901;  and  as  to  Sec.  6,  by  Ord.  No.  864,  passed  June  9,  1902;  and 
as  to  Secs.  43-51  inclusive,  by  Ord.  No.  142,  passed  Sept.  9,  1903, 
following  this  Ordinance.] 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati  : 

Sec.  1.  That  the  mayor  of  the  city  of  Cincinnati  shall 
appoint,  subject  to  the  confirmation  of  the  Board  of  Legis- 
lation, an  inspector  of  buildings,  who  shall  be  a resident  and 
an  elector  of  the  city  of  Cincinnati,  and  who  shall  have  been 
an  architect  or  builder  of  at  least  five  years’  experience  next 
preceding  his  appointment,  who  shall  hold  said  office  for  the 
term  of  one  year  next  succeeding  the  date  of  his  appointment 
and  until  his  successor  is  duly  appointed  and  qualified.  Such 
inspector  of  buildings  shall  receive  an  annual  salary  of  three 
thousand  dollars,  payable  monthly,  and  he  shall  receive  no  other 
compensation  whatsoever,  and  he  shall  devote  his  entire  time 
solely  to  the  duties  of  his  office,  and  shall  not  be  interested  in 
any  branch  of  the  architectural,  building,  or  any  other  business. 
All  fees  prescribed  by  this  ordinance  shall  be  paid  to  the  city 
treasurer  upon  the  order  of  the  inspector  of  buildings. 

SEC.  2.  The  mayor  of  the  city  of  Cincinnati  shall  also 
appoint,  subject  to  the  confirmation  of  the  Board  of  Legis- 
lation, one  assistant  inspector  of  buildings,  who  shall  act  as 
deputy  inspector  of  buildings,  who  shall  be  a resident  and 
an  elector  of  the  city  of  Cincinnati,  and  shall  have  at  least 
five  years’  experience  as  an  architect  or  builder,  and  whose 
salary  shall  be  eighteen  hundred  dollars  per  annum,  payable 
semi-monthly,  and  whose  term  of  office  shall  be  one  year  from 
the  date  of  his  appointment.  The  mayor  of  the  city  of  Cin- 
cinnati shall  also  appoint,  subject  to  the  confirmation  of  the 
Board  of  Legislation,  seven  additional  assistant  or  deputy  in- 


Ordinances  of  the  City  of  Cincinnati 


53 


spectors  of  buildings,  who  shall  be  residents  and  electors  of  the 
city  of  Cincinnati,  and  who  shall  have  at  least  five  years’ 
experience  in  some  branch  of  the  building  trade  ; one  of  said 
seven  additional  assistant  or  deputy  inspectors  of  buildings 
shall  act  as  examiner  of  plans  and  as  clerk,  and  his  salary  shall 
be  fifteen  hundred  dollars  per  annum,  payable  semi-monthly; 
the  other  additional  assistant  or  deputy  inspectors  of  buildings 
shall  each  receive  a salary  of  thirteen  hundred  dollars  per 
annum,  payable  semi-monthly.  All  of  said  additional  assistant 
or  deputy  inspectors  of  buildings  shall  serve  for  the  term  of  one 
year  from  the  date  of  their  appointment ; each  shall  devote  his 
entire  time  and  attention  to  the  duties  of  his  office,  and  shall 
not  be  engaged  in  any  branch  of  architecture,  building,  or 
other  business. 

Sec.  3.  That  before  entering  upon  his  duties  the  inspector 
of  buildings  shall  take  an  oath  to  faithfully  and  impartially 
perform  the  duties  of  his  office,  and  shall  execute  a bond  to  the 
city  of  Cincinnati  in  the  sum  of  five  thousand  dollars,  with  two 
or  more  sureties,  to  be  approved  by  the  mayor,  conditioned  for 
the  faithful  performance  of  his  duties.  Bach  of  his  said  assist- 
ants shall  execute  bonds  to  the  city  of  Cincinnati  in  the  sum  of 
one  thousand  dollars,  to  be  approved  by  the  mayor,  conditioned 
for  the  faithful  performance  of  his  duties. 

SEC.  4.  That  said  inspector  of  buildings  shall  file  a monthly 
report,  under  oath,  with  the  mayor,  on  or  before  the  tenth  day 
of  each  month,  for  the  month  preceding,  showing  the  number 
of  permits  issued  and  moneys  received  ; he  shall  also  report 
annually,  on  the  first  day  of  May,  to  the  county  auditor  every 
new  building  erected,  with  a pertinent  description  thereof,  the 
name  and  number  of  the  street  where  located,  and  all  improve- 
ments made  upon  old  buildings  in  the  city  of  Cincinnati ; he 
shall  also  keep  a record  of  the  number,  description,  class,  size, 
and  cost  of  every  building  or  structure  erected  in  the  city 
during  his  term  of  office  for  which  permits  were  issued,  and 
shall  report  the  same  to  the  Board  of  Cegislation  annually. 

Sec.  5.  That  it  shall  be  the  duty  of  said  inspector  of 
buildings  appointed  under  the  provisions  of  this  ordinance  to 


54 


Ordinances  of  the  City  of  Cincinnati 


inspect  any  building  or  structure  which  may  be  in  the  course 
of  construction  or  alteration  within  the  limits  of  the  city,  and 
to  see  that  each  building  or  structure  is  being  constructed  or 
altered  according  to  the  provisions  of  this  ordinance  and  all 
statutes  and  ordinances  in  force  in  this  city.  If  the  said 
inspector  is  served  with  a written  notice  by  the  owner,  archi- 
tect, contractor,  or  contractors  of  any  building  or  structure  to 
inspect  said  buildings  in  progress  of  construction  or  alteration, 
he  shall  do  so  promptly. 

(a)  The  inspector  of  buildings  shall  when  requested  furnish 
preliminary  information  relative  to  the  application  or  inter- 
pretation of  any  of  the  provisions  of  this  ordinance,  when  the 
same  is  needed  in  the  preparation  of  plans. 

SEC.  6.  It  shall  be  the  duty  of  the  inspector  to  inspect  any 
building  or  structure  reported  or  believed  to  be  unsafe  or  in  an 
unsanitary  condition,  and  if  so  found  to  notify  the  owner  or 
agent  of  the  owner  of  said  structure,  or  the  person  or  per- 
sons who  have  caused  or  who  are  causing  such  condition,  to 
put  the  same  into  safe  and  sanitary  condition  within  a reason- 
able time,  to  be  fixed  by  the  inspector.  If  after  expiration  of 
the  time  fixed  in  such  notice  the  orders  of  the  inspector  are  not 
complied  with,  then  any  and  all  such  persons  so  notified  shall 
be  guilty  of  a misdemeanor  and  subject  to  the  penalty  provided 
for  in  Section  10  of  this  ordinance.  In  any  case  where  the 
public  safety  requires  immediate  action,  and  in  other  cases 
where  the  order  of  the  inspector  is  not  complied  with,  the  in- 
spector may  enter  upon  the  premises,  with  such  assistants  as 
may  be  necessary,  and  cause  any  structure  to  be  made  secure 
without  delay,  and  the  owner  of  the  property  shall  be  liable  for 
the  expense  thereof  in  an  action  to  be  instituted  in  the  name 
of  the  city  by  said  inspector. 

SEC.  7.  When  any  person  or  persons  or  corporation  shall 
be  desirous  of  erecting,  repairing,  changing,  or  altering  any 
building  or  structure  within  the  limits  of  the  city  of  Cincin- 
nati, except  in  case  of  repairs  for  maintenance  not  affecting 
the  construction,  sanitation,  or  other  vital  features  of  the 
building  or  structure,  he  or  they  shall  make  application  at  the 


Ordinances  of  the  City  of  Cincinnati 


55 


office  of  the  inspector  for  a permit  to  do  so,  and  shall  furnish 
the  inspector  with  a written  statement,  on  blanks  for  the  pur- 
pose, of  the  location,  intended  use,  and  approximate  cost  of 
the  proposed  building  or  structure,  together  with  the  plans 
and  specifications  of  the  same,  which  shall  be  delivered  to 
the  inspector,  and  remain  in  his  custody  a sufficient  length 
of  time  to  allow  the  necessary  examination  to  be  made,  and 
the  inspector  shall  also  thereafter  have  access  to  the  drawings 
and  specifications  when  necessary.  If  it  shall  appear  to  the 
inspector  that  the  laws  and  ordinances  of  the  city  are  com- 
plied with,  he  shall  give  the  permit  asked  for  upon  the  pay- 
ment of  the  fee  hereinafter  prescribed,  and  the  inspector  shall 
then  stamp  the  plans  and  specifications,  which  stamp  shall 
state  that  the  plans  and  specifications  have  been  duly  exam- 
ined and  approved.  After  having  been  stamped,  the  plans 
and  specifications  shall  not  be  altered  without  the  approval 
of  the  inspector  in  any  of  their  essential  structural  points 
during  the  progress  of  the  work  for  which  they  are  intended. 
The  fees  for  building  permits  shall  be  as  follows : The  sum 
of  one  dollar  for  the  permit,  and  an  additional  sum  of  one  cent 
for  each  and  every  hundred  cubic  feet  of  contents  of  said  build- 
ings or  structures;  and  for  additions  to  buildings  and  structures, 
and  for  alterations  to  old  buildings  or  structures  the  cost  of 
which  is  one  thousand  dollars  or  over,  the  sum  of  two  dollars 
per  one  thousand  dollars  or  fractional  part  thereof  to  be  charged 
in  addition  to  the  sum  of  one  dollar  for  the  permit ; for  altera- 
tions to  old  buildings  or  structures  the  cost  of  which  is  less 
than  one  thousand  dollars  the  sum  of  one  dollar  for  the  permit 
only  will  be  charged  ; and  for  all  bnildings  of  the  nature  of 
sheds  there  shall  be  charged  one  dollar  for  the  permit  and  an 
additional  sum  of  one  half  cent  for  each  and  every  hundred 
cubic  feet  of  contents  of  said  shed. 

SEC.  8.  Blank  forms  for  the  detailed  statement  as  herein 
required  shall  be  provided  at  the  office  of  the  inspector,  which 
the  applicant  for  a permit  shall  fill  out,  and  the  owner  or  his 
agent  shall  sign  the  agreement  contained  in  said  statement, 
to  the  effect  that  he  will  construct  the  proposed  building  or 


56 


Ordinances  of  the  City  of  Cincinnati 


structure  in  accordance  with  the  plans  and  specifications  which 
shall  be  submitted  therewith,  and  it  shall  not  be  lawful  to 
proceed  to  construct,  alter,  or  repair  any  building  or  structure 
within  the  limits  of  the  city  of  Cincinnati  without  such  permit. 

( a ) There  shall  be  a board,  to  be  known  as  the  Board  of 
Reference  of  the  Department  of  Buildings,  and  this  board  shall 
consist  of  three  members — one  an  architect,  one  a civil  or  con- 
struction engineer,  and  one  a builder — and  each  to  be  appointed 
by  the  mayor,  with  the  approval  of  the  Board  of  Legislation. 
Members  of  the  board  of  reference  are  to  be  subject  to  discharge 
by  the  mayor  for  malfeasance,  misfeasance,  or  nonfeasance  in 
office.  The  members  of  the  board  of  reference  are  each  to 
serve  for  the  term  of  one  year  from  and  after  the  date  of  their 
appointment,  or  until  their  respective  successors  are  appointed 
and  qualified.  Each  member  of  the  board  of  reference  shall 
take  an  oath  to  faithfully  perform  his  duties,  and  shall  also 
furnish  bond  to  the  amount  of  five  thousand  dollars.  The 
board  of  reference  shall  have  such  use  of  the  office  of  the 
inspector  and  the  services  of  his  clerk  as  they  may  require. 

(< b ) The  inspector  shall  pass  on  questions  arising  under 
this  ordinance ; but  in  case  of  dissatisfaction  with  a decision 
of  the  inspector  the  question  may  be  referred  to  the  board  of 
reference,  and  a decision  of  a majority  of  the  board  shall  decide 
the  question  at  issue. 

(c)  Each  member  of  the  board  of  reference  shall  be  paid 
a fee  of  five  dollars  and  all  necessary  expenses  by  the  party 
referring  a question  to  them ; said  fees  to  accompany  the 
reference. 

Sec.  9.  Permits  issued  by  the  inspector  shall  be  subject  to 
revocation  should  he  be  convinced  that  the  work  done  under 
the  same  is  proceeding  in  violation  of  law.  Revocation  of  a 
permit  shall  be  in  writing,  and  shall  be  served  on  the  owner, 
superintendent,  or  contractor  in  charge  of  the  work,  or  posted 
on  the  property;  and  from  and  after  such  revocation  of  the 
permit  until  the  same  is  duly  withdrawn  work  on  or  in  said 
structure  or  building  shall  cease. 


Ordinances  of  the  City  of  Cincinnati 


57 


SEC.  10.  Any  person,  firm,  or  corporation,  either  as  owner, 
contractor,  or  architect,  or  any  agent,  trustee,  officer,  or  em- 
ployee of  any  person,  firm,  or  corporation,  who  violates  or 
authorizes  a violation  of  any  provision  of  this  ordinance,  shall 
be  guilty  of  a misdemeanor,  and  be  subject  to  a fine  not  ex- 
ceeding the  sum  of  one  thousand  dollars,  in  the  discretion  of 
the  court  or  judge  imposing  the  same. 

SEC.  11.  In  this  ordinance  the  following  terms  shall  have 
the  meanings  respectively  assigned  to  them  : 

(a)  “Public  buildings”  means  every  building  used  as  a 
church,  college,  school,  theater,  public  hospital,  public  hall, 
or  for  any  public  assemblage  or  use. 

( b ) “Buildings  of  the  warehouse  class”  shall  comprise 
buildings  used  for  the  storage  of  merchandise,  or  in  which 
machinery  for  manufacturing  purposes  is  operated. 

(c)  “Buildings  of  the  dwelling-house  class”  shall  com- 
prise all  buildings  except  public  buildings  and  buildings  of 
the  warehouse  class. 

(d)  “External  wall”  means  every  outer  wall  or  vertical 
inclosure  of  any  building  not  being  a party  wall. 

( e ) “Party  wall  ” means  a wall  that  separates  two  or  more 
buildings,  and  is  used  or  to  be  used  jointly  by  said  separate 
buildings. 

(f)  “Division  wall”  means  a wall  that  separates  one  part 
of  any  building  from  another  part  of  the  same  building,  and 
is  not  a bearing  wall. 

(g)  “Division  bearing  wall”  means  a division  wall  that 
carries  or  sustains  the  weight  of  floor  or  roof. 

( h ) “The  base  of  a wall”  means  the  course  or  level  imme- 
diately above  the  foundation  wall. 

( i)  “ Footing  course”  means  a projecting  course  or  courses 
under  any  foundation. 

(/)  By  “ cement  mortar  ” is  meant  a mixture  of  cement  and 
sand  properly  tempered  with  water. 

(k)  By  “fire-limits”  is  meant  the  fire-limits  of  the  city  as 
established,  from  time  to  time,  by  the  proper  authorities. 


58 


Ordinances  of  the  City  of  Cincinnati 


SEC.  12.  Plastering  on  wooden  lath  shall  not,  for  the  pur- 
poses of  this  ordinance,  be  considered  as  an  incombustible 
covering ; and  in  order  that  plastering  on  metal  lath  may  be 
considered  as  an  incombustible  covering  on  wooden  con- 
struction or  wooden  furring,  suitable  fire  - checks  shall  be 
introduced. 

Sec.  13.  All  buildings  or  structures  hereafter  erected  within 
the  fire-limits  of  the  city  of  Cincinnati  shall  be  inclosed  with 
walls  constructed  of  brick,  stone,  or  other  incombustible  mate- 
rial. No  wooden  building  shall  be  removed  to  any  lot  within 
the  fire-limits  where  it  would  be  in  violation  of  law  to  build 
such  wooden  building. 

Sec.  14.  The  following  buildings  and  structures  are  exempt 
from  the  provisions  of  the  preceding  section,  unless  in  any 
particular  case  and  under  existing  circumstances  the  risk 
incurred  thereby  would  be  extra  hazardous  : Buildings  not 
exceeding  twelve  feet  in  height,  and  with  walls  and  roofs  cov- 
ered externally  with  incombustible  material ; isolated  elevators 
for  the  storage  of  coal  or  grain,  and  having  walls  and  roofs 
covered  with  incombustible  material ; and  isolated  privies  or 
sheds  not  exceeding  ten  feet  in  height. 

Sec.  15.  The  foundations  of  all  buildings  and  structures 
shall  rest  upon  solid  natural  ground,  concrete,  or  other  solid 
and  approved  substructure. 

Sec.  16.  Whenever  any  old  building  shall,  in  the  opinion 
of  the  inspector,  be  torn  down,  burned  down,  or  otherwise 
destroyed  to  an  extent  exceeding  two  thirds  the  cubic  contents 
of  such  building,  the  rebuilding  thereof  shall  be  treated  as  the 
erection  of  a new  building  ; and  shall  be  made  throughout  to 
conform  to  the  regulations  and  provisions  of  this  ordinance. 

SEC.  17.  External,  division  bearing,  and  party  walls  shall 
be  made  of  the  thickness  shown  in  the  following  tables, 
arranged  according  to  the  height  and  length  of  the  walls 
up  to  one  hundred  feet  in  height,  and  for  additional  heights 
the  walls  must  be  proportionally  increased  in  thickness  as 
approved  : 


TABLE  No.  1 — Dwelling-House  Class. 


Ordinances  of  the  City  of  Cincinnati 


59 


100  Feet. 

•pautuiitin 

21  in. 

1 

17  in. 

13  in. 

OS 

A 

21  in. 

17  in. 

CO 

84  Feet. 

•pa^xiuiiun 

21  in. 

17  in. 

13  in. 

‘133E  OS 

< 

17  in. 

13  in. 

Ei 

W 

w 

JL 

<N 

•pa^iuiituQ 

17  in. 

CO 

OS 

< 

17  in. 

13  in. 

60  Feet. 

•paiiuitiun 

17  in. 

13  in. 

•p^a  os 

A 

17  in. 

■ 

9 in. 
13  in. 
9 in. 

48  Feet. 

•papiuiiufl. 

•hi  21 

9 in. 
13  in. 
9 in. 

‘P^E  OS 

<1 

9 in. 
13  in. 
9 in. 

E 

CO 

CO 

•paiiuuinn 

<1 

9 in. 
13  in. 
9 in. 

E 

W 

W 

CO 

•p^xunjufi 

9 in. 
13  in 
9 in. 

•pad  LS 

•saipnx  6 

^ ‘qnM.  jo  doi  oj  osnq  raoij; 

Height  up  to 

Length  up  to 

l 

C 

4- 

0 

0 

c 

0 

c 

^ T 

! * 
j C 

5 t 

U 

.2 

j v 

: c 

2 « 

o a 

J J 

H £- 

a 

J a 

1 a 

2 1 

0 + 

J 0 

J V 

h ; 

3 a 

i Pi 

a c 

j + 

■1  c 

2 t 

0 C 

1 ( 

5 C 

A b 

Wall  below  topmost  story. 
Remainder 

TABLE  No.  2 — Warehouse  Class. 


60 


Ordinances  of  the  City  of  Cincinnati 


•p3}xxxxx[xifx 


os 


84  Feet. 

•po+xmnua 

13  ill. 

17  in. 
21  in. 

os 

<1 

13  in. 

17  in. 
21  in. 

72  Feet. 

•pa^xuiixufi 

13  in. 

17  in. 

09 

<1 

13  in. 

17  in. 

60  Feet. 

•poiiuxipixi 

13  in. 

17  in. 

09 

< 

13  in. 

17  in. 

fn 

w 

w 

Ph 

00 

■'f 

•po^xmixua 



17  in. 

13  in. 

•i^a  09 

A 

9 in. 

13  in. 

36  Feet. 

•poxxxuipxn 

•sotpiii  2\ 

‘[[em  jo  doj  oj  oseq  raoj^ 

09 

A 

9 in. 

13  in. 

’in 

o 

o 

tn 

6 

6 

C/5 

H-> 

& 

PH 

P 

H 

Ph 

P 

u 

O 

tn 

H-J 

c n 
O 

c n 
O 

S 

Oh 

Jh 

tn 

<v 

tfi 

<u 

L 

Ih 

<L> 

i* 

W 

tn 

Ph 

o 

H-> 

o 

H-» 

'u 

o 

o 

nd 

« 

O 

0 

0) 

C/5 

c n 

Cfi 

cd 

O 

o 

£ 

Oh 

O 

(1) 

u 

H-> 

C/5 

O 

Ih 

s 

w 

w 

o 

£ 

• in 

£ 

O 

<u 

« 

PT 

H 

H 

Ph 

Ordinances  of  the  City  of  Cincinnati 


61 


Walls  of  steel  skeleton  or  other  approved  special  construc- 
tion are  not  to  be  regulated  by  the  thickness  called  for  in  the 
tables  ; but  throughout  such  buildings  shall  be  constructed  in 
accordance  with  the  rules  of  recognized  authorities  and  the  best 
engineering  practice. 

{a)  Walls  built  of  stone  not  having  smooth  and  level  beds 
and  squared  ends  shall  be  not  less  than  one  fourth  thicker  than 
called  for  by  the  foregoing  tables. 

( b ) The  height  of  a topmost  story  shall  be  measured  from 
the  level  of  its  floor  up  to  the  underside  of  the  ceiling  joist  or 
“ collar”  beams  forming  a tie  to  the  roof,  or  up  to  the  vertical 
height  of  the  rafters  when  the  roof  has  no  such  tie,  and  the 
height  of  any  other  story  shall  be  the  clear  height  of  such 
story. 

(c)  The  height  of  every  external,  party,  and  division  bear- 
ing wall  shall  be  measured  from  the  base  of  the  wall  to  the 
level  of  the  top  of  the  topmost  story,  but  in  no  case  higher 
than  the  actual  top  of  the  wall. 

(d)  Walls  are  deemed  to  be  divided  into  distinct  lengths 
by  intersecting  walls,  and  the  length  of  a wall  is  measured 
from  one  intersecting  wall  to  another;  provided  that  such  in- 
tersecting walls  are  not  less  than  two  thirds  the  height  and 
thickness  of  the  wall  they  are  considered  to  divide,  and  of 
proper  proportionate  length. 

(e)  Walls  not  having  intersecting  walls  at  the  ends  must 
have  the  ends  otherwise  made  secure  latterly. 

(/)  Division  walls  shall  not  be  less  than  two  thirds  the 
thickness  of  the  party  or  external  walls  of  the  same  heights 
and  lengths,  but  never  less  than  nine  inches  thick,  except 
where  not  more  than  twelve  feet  high,  or  where  approved 
special  construction  is  used. 

(g)  If  the  recesses  or  openings  in  a wall  unduly  weaken 
same,  the  thickness  of  such  wall  shall  be  proportionally  in- 
creased or  otherwise  strengthened  as  approved. 

(k)  Recesses  and  chases  for  elevators,  pipes,  etc.,  may  be 
made  in  walls,  provided  that  in  party  and  external  walls  backs 


62 


Ordinances  of  the  City  of  Cincinnati 


of  recesses  and  chases  shall  not  be  less  than  eight  inches  thick, 
and  in  division  walls  not  less  than  four  inches  thick,  and  chases 
and  recesses  shall  be  of  such  width  and  so  spaced  as  not  to 
unduly  weaken  the  wall,  or  the  wall  shall  be  proportionally 
increased  in  thickness  or  otherwise  strengthened  as  approved. 

( t)  If  the  center  of  any  external  or  party  wall  is  not  more 
than  twenty-five  feet  distant  from  the  center  of  any  other  ex- 
ternal or  party  wall  to  which  it  is  tied  at  each  floor  and  the 
roof,  the  length  of  such  wall  is  not  to  be  taken  into  considera- 
tion, and  the  thickness  of  the  wall  will  be  found  in  the  column 
marked  “A”  in  the  tables. 

(/)  If  any  story  exceeds  in  height  sixteen  times  the  thick- 
ness prescribed  for  the  walls  of  such  story  in  the  tables,  the 
thickness  of  the  walls  shall  be  proportionally  increased,  or  the 
walls  otherwise  strengthened  as  approved. 

( k)  No  story  inclosed  with  wall  less  than  thirteen  inches 
in  thickness  shall  be  more  than  fifteen  feet  in  height,  except 
to  be  of  approved  special  construction. 

(/)  Walls  constructed  of  brick,  stone,  or  other  such  ma- 
terial shall  be  solidly  put  together  with  good  mortar  and 
properly  bonded. 

(m)  Strong  cement  mortar  must  be  used  for  the  founda- 
tions of  buildings  more  than  three  stories  in  height. 

( n ) Footings,  piers,  posts,  columns,  joists,  girders,  trusses, 
and  other  structural  parts  or  features  of  buildings  shall  con- 
form in  size  and  strength  to  the  rules  and  requirements  of 
recognized  authorities. 

( o ) In  all  cases  materials  used  in  buildings  must  be  of 
good  standard  quality  as  to  strength. 

SEC.  18.  Should  it  be  desired  to  add  to  the  height  of  a 
building  or  structure  already  erected,  even  though  in  such 
case  the  rules  as  to  thickness  of  walls  would  not  be  strictly 
complied  with,  the  same  may  be  done  in  a safe  manner  as 
approved  by  the  inspector. 

Sec.  19.  Whenever  any  owner  shall  be  about  to  erect  or 
alter  the  external  walls  of  a building  within  five  feet  of  the 


Ordinances  of  the  City  of  Cincinnati 


63 


line  of  a traveled  street,  said  owner  shall,  when  so  directed 
by  the  inspector,  cause  the  portion  of  said  site  of  said  building 
bordering  on  said  street  to  be  inclosed  by  a suitable  fence, 
located  at  least  seven  feet  from  the  line  of  such  building ; and 
if  such  fence  shall  prevent  passage  on  the  sidewalk,  shall  lay  and 
maintain  a suitable  sidewalk  around  the  same  ; also,  where 
deemed  necessary  for  the  safety  of  the  public,  the  sidewalk 
must  be  temporarily  roofed  over  as  the  inspector  may  direct. 

SEC.  20.  Scaffolding,  staging,  hoists,  and  such  other  appur- 
tenances of  building  operations  must  be  amply  strong  and 
secure  for  the  purposes  intended. 

SEC.  21.  When  the  owner  of  any  lot  or  land  digs  or  causes 
to  be  dug  any  cellar  or  other  excavation,  he  shall  protect  the 
adjacent  streets  and  alleys,  and  also  the  adjoining  property, 
and  due  notice  must  be  given  the  owner  or  occupant  of  adjoin- 
ing property  at  all  likely  to  be  affected  by  such  excavation. 
The  owner  of  adjoining  property  shall  allow  such  access  to  his 
property  as  may  be  necessary  for  any  required  shoring  and 
underpinning,  and  such  work  shall  be  done  with  all  reasonable 
dispatch. 

SEC.  22.  Proper  foundation  walls,  piers,  posts  or  columns, 
and  their  footings  of  masonry,  concrete,  or  other  approved 
material,  shall  be  provided  for  the  support  of  buildings  and 
structures.  Foundation  walls  built  of  brick  or  of  stone,  with 
smooth,  level  beds  and  squared  ends,  shall  be  at  least  four 
inches  thicker  than  the  base  of  the  wall  of  the  story  next 
above  them,  and  for  each  additional  twelve  feet  or  fraction 
thereof  in  depth  below  the  first  twelve  feet  every  foundation 
wall  shall  be  increased  four  inches  in  thickness,  and  founda- 
tion walls  and  area  walls  shall  also  in  all  cases  be  sufficiently 
heavy  or  rigid  to  resist  the  thrust  of  the  surrounding  ground. 
Foundation  walls  built  of  stone  not  having  smooth,  level 
beds  and  squared  ends  must  throughout  be  still  four  inches 
thicker  than  above  prescribed.  The  bottom  of  foundation  or 
footings  of  external  walls  or  piers  shall  be  at  least  three  feet 
below  the  ground  surface  exposed  to  frost,  and  all  walls  and 


64 


Ordinances  of  the  City  of  Cincinnati 


piers  shall  begin  at  least  six  inches  below  the  level  of  the 
excavation  of  the  cellar. 

SEC.  23.  Any  person  desirous  of  utilizing  the  space  under 
the  sidewalk  abutting  his  property  shall  construct  sufficient 
retaining  - walls  to  support  the  roadway  and  sidewalk,  and 
cover  such  space  with  a strong  and  suitable  sidewalk.  No 
plain  surface  of  glass  or  iron  greater  than  two  and  a half 
inches  in  diameter  shall  be  placed  in  any  sidewalk.  Doors 
in  sidewalks  shall  close  down  flush  with  same,  and  shall  not 
extend  beyond  the  property  line  more  than  one  third  the 
width  of  the  sidewalk. 

SEC.  24.  In  buildings  with  walls  faced  with  cut  stone,  terra 
cotta,  pressed  brick,  or  any  such  material,  the  facing  shall  have 
a backing  of  brick  or  other  masonry  of  the  thickness  specified 
for  walls  where  no  facing  is  used,  unless  the  facing  is  bonded 
thoroughly  into  the  backing  in  an  approved  manner,  in  which 
case  the  facing  may  be  taken  into  consideration  in  measuring 
the  thickness  of  the  wall. 

SEC.  25.  Outside  the  fire-limits,  frame  buildings  veneered 
with  brick,  terra  cotta,  or  such  material,  if  not  more  than  three 
stories  in  height,  may  be  erected,  and  the  veneering  must  be 
properly  secured. 

SEC.  26.  External  and  party  walls  above  the  ground  floor 
shall  be  securely  anchored,  at  least  every  eight  feet,  to  each 
tier  of  joists  by  means  of  approved  anchors,  and  the  anchorage 
must  be  made  continuous  between  walls.  Walls  not  carried 
up  together  must  be  anchored,  at  least  every  six  feet  in  their 
height,  by  good  and  sufficient  metal  anchors. 

SEC.  27.  No  smoke-flue  of  brick  shall  be  built  with  less 
than  a four-inch  inclosing  wall,  and  shall  be  lined  with  terra- 
cotta fire-clay  lining,  or  carefully  pointed  on  the  inside.  Flues 
must  be  plastered  on  the  outside  where  within  two  inches  of 
any  woodwork.  All  brick  surrounding  smoke-flues  must  be 
laid  with  thoroughly  slushed  beds  and  joints.  Chimneys  where 
there  are  no  smoke-flues  shall  be  built  solid  unless  otherwise 
permitted  by  the  inspector. 


Ordinances  of  the  City  of  Cincinnati 


65 


(a)  In  the  construction  of  fireplaces  no  finished  jamb  or 
back  shall  be  less  than  eight  inches  thick,  and  a brick  arch 
or  sufficient  metal  bar  shall  be  provided  over  the  opening  to 
support  the  breast. 

( b ) Hearths  of  open  fireplaces  shall  be  of  tile  or  other 
imcombustible  substance,  shall  rest  on  brick  trimmer  arches 
or  other  approved  fire-proof  support,  and  shall  not  be  less  than 
eighteen  inches  wide  in  front  of  the  breast. 

(c)  The  above  requirements  for  smoke -flues,  fireplaces, 
and  hearths  are  not  obligatory  in  cases  provided  for  the  exclu- 
sive use  of  gas  or  electricity  for  heating  purposes,  in  which 
cases  special  provisions  shall  be  permitted,  with  the  approval 
of  the  inspector. 

(d)  Chimney-tops  shall  extend  through  the  roof  not  less 
than  four  feet,  and  must  in  all  cases  be  made  rigid  and  secure. 

( e ) Every  chimney  not  forming  part  of  a wall  shall  rest 
upon  the  ground  or  other  sufficient  and  approved  foundation 
or  support. 

(f)  Flues  and  smoke-stacks  shall  in  all  cases  be  con- 
structed in  a manner  and  of  material  approved  as  to  strength 
and  safety. 

SEC.  28.  In  no  building  shall  any  timber  or  woodwork  be 
placed  within  five  inches  of  the  inside  face  of  a smoke -flue. 
Timbers  in  party  walls  and  from  opposite  sides  shall  be  sepa- 
rated from  each  other  by  approved  fire  - resisting  material. 
Joists  built  into  walls  shall  have  the  ends  properly  beveled. 
Every  header  over  six  feet  long  in  floors  constructed  to  carry 
more  than  one  hundred  pounds  per  square  foot  of  surface  shall 
be  hung  by  means  of  approved  metal  hangers. 

Sec.  29.  In  the  fire-limits,  party  walls  and  walls  along  or 
within  three  feet  of  adjoining  property  lines  must  be  carried 
not  less  than  two  feet  above  the  roof  at  all  points,  and  be 
properly  coped. 

SEC.  80.  Buildings  of  the  warehouse  class,  and  also  all 
factories,  lodging-,  tenement-  and  apartment  - houses,  and 
hotels  more  than  two  stories  in  height  shall  have  in  the  roof  a 


66 


Ordinances  of  the  City  of  Cincinnati 


suitable  opening  as  an  exit  in  case  of  fire.  Such  exit  shall 
have  a cover  or  door  covered  on  the  exterior  with  incom- 
bustible material  and  secured  in  place,  but  not  locked,  and 
the  exit  shall  be  made  accessible  by  means  of  a suitable 
ladder  or  stairs  properly  secured,  and  shall  be  kept  ready 
for  use  at  all  times.  Skylights  on  roofs  shall  be  protected 
by  means  of  suitable  guard  - railing  when  deemed  necessary 
by  the  inspector. 

Sec.  31.  Weather-covering  of  roofs  within  the  fire-limits 
shall  be  of  non-inflammable  material  and  appendages;  such 
as  skylights,  dormer  - windows,  cornices,  gutters,  mouldings, 
eaves,  parapets,  balconies,  bay-windows,  towers,  spires,  ven- 
tilators, turrets,  lantern  lights,  and  erections  on  roofs,  if  not 
wholly  fireproof,  shall  be  properly  covered  with  approved  in- 
combustible material. 

SEC.  32.  In  the  erection  of  buildings  in  blocks  of  two  or 
more,  the  said  buildings  shall  have  division  or  party  walls 
entirely  constructed  of  incombustible  material,  and  said  walls 
shall  extend  up  at  least  to  the  underside  of  roof  boards. 

Sec.  33.  Frame  buildings  to  be  used  for  tenement-houses, 
lodging-houses,  apartment-houses,  or  hotels  shall  not  be  more 
than  three  stories  in  height,  and  all  buildings  for  such  purposes 
shall  have  partitions  constructed  of  brick  or  other  fire-resisting 
material  at  least  sufficient  to  subdivide  the  floor-space  in  any 
story  into  areas  not  greater  than  two  thousand  square  feet. 

SEC.  34.  Buildings  shall  be  provided  with  proper  rain-water 
conductors,  and  where  rain-water  is  discharged  to  the  street 
gutter  it  shall  be  through  a drain  underneath  the  sidewalk. 

SEC.  35.  Within  the  fire-limits,  openings  in  walls  of  build- 
ings in  the  warehouse  class,  located  opposite  any  other  building 
having  openings,  and  not  more  than  thirty  feet  distant,  and 
openings  in  party  walls  of  buildings  of  the  warehouse  class, 
shall  be  provided  with  approved  fire-resisting  doors,  shutters, 
or  windows. 

SEC.  36.  ( a ) Stationary  boilers,  heating-furnaces  of  all  kinds, 
also  every  oven,  vat,  or  stove  used  for  heating  or  manufacturing 


Ordinances  of  the  City  of  Cincinnati 


67 


purposes,  shall  be  set  on  suitable  fire-resisting  material,  and 
all  exposed  woodwork  or  other  combustible  material  must  be 
thoroughly  protected. 

(b)  Hot-air  conductors  built  in  between  timbers  or  other 
combustible  material  must  be  thoroughly  insulated. 

(c)  Every  ceiling  constructed  of  combustible  material  over 
a steam-boiler,  heater,  or  furnace,  or  the  breeching  or  smoke- 
pipe  thereof,  must  be  properly  protected. 

Sec.  37.  Where  elevators  are  inclosed  within  shafts,  the 
shafts,  together  with  the  doors  thereof,  shall  be  constructed 
of  or  covered  on  both  faces  with  fire- resisting  material,  and 
the  shaft  must  extend  through  and  at  least  two  feet  above 
the  roof. 

( a ) The  roof  over  an  inclosed  elevator  shaft  shall  have  a 
skylight  of  sheet  glass  at  least  one  half  the  area  of  the  shaft ; 
such  glass  to  be  protected  from  falling,  in  case  of  breakage,  by 
means  of  suitable  wire  screen.  All  exposed  elevator  openings 
through  floors  shall  be  protected  by  safety  rails  and  gates. 

Sec.  38.  The  inspector  shall  make  regulations  for  the  in- 
spection of  elevators  with  a view  to  the  safety  of  the  passengers 
and  of  those  operating  or  using  the  elevators. 

(a)  It  shall  be  the  duty  of  the  inspector  to  inspect  all  ele- 
vators every  six  months,  and  the  fee  for  such  inspection  shall 
be  two  dollars  in  each  case  for  each  elevator,  which  amount 
shall  be  paid  to  the  inspector  by  the  person,  firm,  or  corpo- 
ration operating  said  elevator  before  granting  the  certificate 
which  shall  certify  that  inspection  has  been  made  and  the  con- 
dition of  elevator  approved,  and  no  elevator  shall  be  operated 
within  the  city  of  Cincinnati  without  such  certificate. 

Sec.  39.  All  buildings  occupied  by  twenty  - five  or  more 
persons,  and  of  three  or  more  stories  in  height,  shall  be 
provided  with  one  or  more  suitable  fire  - escapes,  and  of 
such  number,  material,  construction,  and  location  as  may 
be  approved  by  the  inspector,  unless  the  stairways  are  direct 
and  inclosed  with  walls  constructed  of  or  covered  with  incom- 
bustible material. 


68 


Ordinances  of  the  City  of  Cincinnati 


SEC.  40.  Every  building  used  for  public  entertainments 
or  gatherings  shall  have  suitable  and  ample  means  of  exit, 
and  ample  space  for  the  use  of  the  audience  in  leaving  the 
building. 

Sec.  41.  Every  auditorium  accommodating  three  hundred 
persons  or  less  shall  have  at  least  two  exits,  and  when  accom- 
modating from  three  to  five  hundred  persons  not  less  than  three 
exits  ; and  no  doorway  of  exit  for  the  use  of  the  public  shall 
be  less  than  five  feet  in  width,  and  for  every  one  hundred 
persons  additional  or  fraction  thereof  to  be  accommodated  in 
excess  of  five  hundred  persons  twenty  inches  additional  exit 
capacity  shall  be  provided. 

SEC.  42.  Distinct  and  separate  places  of  exit  shall  be  pro- 
vided for  each  gallery  above  the  first.  A common  place  of 
exit  may  serve  for  the  main  floor  of  the  auditorium  and  the 
first  gallery,  the  latter  to  be  provided  with  two  independent 
staircases.  Not  less  than  two  independent  staircases  with 
direct  exterior  outlets  shall  be  provided  for  galleries  above 
the  first  gallery,  and  shall  be  located  on  the  opposite  sides 
of  the  same,  and  the  latter  staircases  shall  be  inclosed  up  to 
the  floor  to  which  they  lead,  and  the  inclosure  shall  be  con- 
structed of  or  covered  with  incombustible  material. 

Sec.  52.  Every  portion  of  a cellar  to  be  occupied  as  a 
living-  or  sleeping- room  shall  be  properly  drained,  lighted, 
and  ventilated,  and  shall  be  at  least  7^4  feet  in  clear  height, 
and  not  less  than  3^  feet  of  the  height  shall  be  above  the 
surface  of  the  ground  adjoining  or  nearest  thereto. 

Sec.  53.  Every  living-  or  sleeping  - room  hereafter  con- 
structed, except  in  the  roof,  shall  be  at  least  1%  feet  high  in 
the  clear  in  every  part  of  the  same,  and  such  rooms  constructed 
in  the  roof  of  any  building  shall  be  at  least  7^  feet  in  clear 
for  a space  one  half  the  area  of  the  room. 

Sec.  54.  No  building  four  stories  or  less  in  height  to  be 
used  in  whole  or  in  part  as  a tenement-house,  lodging-house, 
apartment-house,  or  hotel,  and  located  on  an  inlot,  shall  cover 
more  than  ninety  per  cent  pf  the  lot  above  the  first  story, 


Ordinances  of  the  City  of  Cincinnati 


69 


and  for  each  additional  story  the  portion  of  the  lot  to  be 
reserved  for  air  and  light  shall  be  increased  two  and  a half 
per  cent. 

(a)  Every  room  in  such  building  used  as  a sleeping-  or 
living-room  shall  be  properly  lighted  and  ventilated. 

(b)  Eight  and  air  shafts  for  living-  and  sleeping- rooms 
shall  be  at  least  fifteen  square  feet  in  area  for  two-story  houses, 
increased  at  least  five  square  feet  for  each  additional  story,  and 
never  less  than  three  feet  wide  in  the  clear.  Shafts  common 
to  two  houses  shall  be  double  the  above  areas. 

SEC.  55.  Every  building  shall  be  properly  connected  with 
the  public  sewer  when  such  sewer  is  provided,  and  the  drain 
to  the  sewer  shall  be  supplied  with  a suitable  main  trap,  which 
shall  be  properly  ventilated  through  the  roof  on  the  house  side 
of  the  trap  by  means  of  a suitable  pipe  of  not  less  diameter 
than  the  trap,  and  all  connections  with  the  drain  to  the  sewer 
shall  be  made  on  the  house  side  of  the  main  trap.  The  main 
trap  shall  be  accessible  for  cleaning,  and  be  provided  with  a 
suitable  air-tight  clean-out.  Provided , however,  that  in  the 

repair  or  alteration  of  a building  heretofore  constructed,  the 
cost  of  which  does  not  exceed  one  half  the  original  cost  of  the 
building,  said  main  trap  may  be  ventilated  by  means  of  a five- 
inch  pipe  of  approved  material,  and  carried  to  a point  two  feet 
above  surface  of  ground  against  wall  of  building ; this  pipe  to 
have  a cast-iron  Y and  return  bend  with  the  opening  down- 
ward connected  with  the  same  for  air  inlet.  The  upper  end 
of  the  Y must  be  connected  with  down  - spout,  the  same  to 
extend  to  highest  gutter  of  building,  the  opening  of  which 
shall  be  at  least  three  feet  from  any  window  or  other  opening. 
Where  there  is  no  down-spout  conveniently  accessible  on  such 
building  heretofore  constructed,  then  the  said  air  inlet  or  vent 
from  house-trap  shall  be  not  less  than  four  inches  in  diameter, 
and  carried  up  on  inside  or  outside  of  building  above  highest 
point  of  gutter.  If  on  inside  of  buiding,  the  pipe  shall  be 
of  cast  iron  ; if  on  outside,  of  cast  iron  or  copper;  joints  to  be 
made  air-  and  water-tight. 


70 


Ordinances  of  the  City  of  Cincinnati 


Sec.  56.  Rain-water  conductors  connected  with  drain  to 
sewer  or  vault  shall  be  separately  trapped. 

SEC.  57.  Where  there  is  no  city  sewer  accessible  a covered 
water-tight  vault  shall  be  provided,  and  where  an  overflow  is 
desired  from  same  the  overflow  shall  be  suitably  filtered,  and 
all  connections  with  a vault  shall  be  trapped  as  provided  for 
sewer  connections,  and  vaults  shall  be  properly  ventilated. 

SEC.  58.  In  outlying  districts  suitable  vaults  may  be  built 
that  are  not  water-tight,  with  the  approval  of  the  inspector. 

SEC.  59.  At  any  time  the  city  shall  construct  a sewer  which 
is  accessible  to  abutting  property,  all  systems  of  drainage  shall 
be  connected  directly  to  same  within  a period  not  exceeding 
six  months,  and  all  permits  for  vaults  or  any  other  system  of 
drainage  shall  become  null  and  void. 

SEC.  60.  Underground  drains  shall  be  of  vitrified  stone- 
ware, cast  iron,  or  other  suitable  and  approved  material; 
and  if  the  ground  on  which  any  drain  is  to  be  laid  is  not 
sufficiently  solid,  in  the  opinion  of  the  inspector,  such  drain 
shall  be  supported  in  an  approved  manner.  Drains  shall  be 
laid  with  suitable  fall,  and  joints  and  connections  of  same 
shall  be  made  tight,  and  shall  also  be  smooth  inside. 

SEC.  61.  The  connection  between  a foundation  drain  and 
house  drain  shall  be  provided  with  a suitable  back-pressure  trap. 

Sec.  62.  Cesspools  must  be  properly  trapped. 

(a)  Where  cesspools  are  used  for  cellar  drain,  the  same  are 
to  be  provided  with  a permanent  water  seal. 

SEC.  63.  Grease  traps  of  an  approved  kind  must  be  properly 
provided  on  the  kitchen  and  pantry  sink-wastes  of  hotels  and 
restaurants. 

Sec.  64.  No  steam -exhaust  or  blow-off  pipe  for  a steam- 
boiler  shall  connect  with  any  soil-  or  waste-pipe,  or  directly 
with  any  house  drain. 

Sec.  65.  Every  fixture  having  a waste-pipe  shall  be  prop- 
erly trapped,  and  the  trap  protected  from  siphonage  by  means 
of  suitable  vent-pipes,  or  in  special  cases,  with  the  approval 
of  the  inspector,  other  approved  appliances  may  be  used. 


Ordinances  of  the  City  of  Cincinnati 


71 


SEC.  66.  Every  soil-,  waste-,  or  vent-pipe  must  be  cast  iron, 
lead,  copper,  brass,  or  other  approved  material. 

(a)  Soil  - and  vent-pipes  must  extend  at  least  two  feet 
through  the  roof,  except  where  a down-spout  is  used  as  a vent- 
pipe,  as  provided  for  in  Section  55  of  this  ordinance;  but  in  no 
case  shall  said  soil-  or  vent-pipes,  other  than  a down-spout  used 
for  ventilating,  as  provided  in  Section  55,  open  near  a window 
or  air  shaft  which  ventilates  living-  or  sleeping-rooms. 

(&)  Soil-  and  vent-pipes  must  be  of  proper  proportionate 
size  throughout,  and  never  less  than  four  inches  in  diameter 
above  the  roof,  and  the  end  must  be  properly  screened  with 
a copper-wire  basket  securely  clamped  to  pipe. 

(c)  No  vent-pipe  shall  be  used  as  a waste-  or  soil-pipe, 
except  in  buildings  heretofore  constructed  where  a down-spout 
is  used  as  a vent-pipe,  as  provided  in  Section  55  of  this  ordi- 
nance ; but  in  such  case  said  down-spout  when  used  as  a vent- 
pipe  shall  not  be  used  for  carrying  off  any  water  except  such 
as  naturally  falls  upon  the  roof  of  such  building  and  is  drained 
into  said  pipe. 

SEC.  67.  The  minimum  diameter  of  soil-pipe  permitted  for 
water-closet  is  three  inches.  A vertical  waste-pipe  into  which 
two  or  more  kitchen  sinks  discharge  must  be  at  least  two  inches 
in  diameter,  with  li-inch  branches  to  fixtures,  and  other  waste- 
pipes  must  be  of  proper  proportionate  size. 

Sec.  68.  No  room-vent  or  smoke -flues  shall  be  used  to 
ventilate  any  trap  or  soil-pipe. 

SEC.  69.  The  joints  of  all  pipes  must  be  made  secure,  and 
must  be  successfully  subjected  to  the  water-pressure  test  in  the 
presence  of  the  inspector. 

(a)  All  joints  in  the  iron  drain -pipes,  soil-pipes,  waste- 
pipes,  and  vent-pipes  must  be  caulked  up  with  oakum  and 
molten  lead.  All  connections  of  lead  pipe  with  iron  or  brass 
pipe  must  be  made  with  brass  ferrule  or  nipple  of  the  same  size 
as  the  lead  pipe,  put  in  the  hub  of  the  iron  pipe,  and  caulked 
with  oakum  and  molten  lead  ; the  lead  pipe  must  be  attached 
to  the  ferrule  or  nipple  by  a wiped  joint.  All  connections 


72 


Ordinances  of  the  City  of  Cincinnati 


of  lead  pipe  must  be  wiped  joints.  When  any  soil-,  vent-,  or 
drain-pipe  is  to  be  increased  or  reduced,  a proper  increaser  or 
reducer  fitting  is  to  be  used ; tail-end  pieces  shall  not  be  used 
for  that  purpose. 

Sec.  70.  Waste-pipes  from  dip  safes  shall  be  run  to 
some  place  in  open  sight,  and  in  no  case  shall  any  such 
pipe  be  connected  directly  with  a drain-,  waste-,  or  soil- 
pipe.  Waste-pipes  from  refrigerators  or  other  receptacles 
for  provisions  shall  not  be  connected  with  a drain-,  waste-, 
or  soil-pipe. 

Sec.  71.  All  water-closets  shall  be  supplied  with  water 
from  suitable  tanks,  except  that  water-closets  under  special 
circumstances  may  be  arranged  to  receive  their  supply  directly 
from  the  main,  with  such  fixtures  as  shall  be  approved  by  the 
inspector. 

(a)  Catch-basin  water-closets  maybe  constructed  and  used, 
and  they  may  be  connected  with  and  their  contents  discharged 
into  any  city  sewer.  They  must  be  constructed  substantially 
on  solid  ground,  and  built  of  brick  or  sewer-pipe.  If  built  of 
brick,  the  walls  and  bottom  shall  be  at  least  nine  inches  thick, 
the  brick  to  be  hard-burned  and  laid  in  cement  mortar,  and  the 
entire  interior  of  basin  shall  be  plastered  with  cement  and  must 
be  water-tight.  If  built  of  sewer-pipe,  all  joints  must  be  laid 
in  cement  mortar  and  water-tight,  and  have  a nine-inch  concrete 
bottom.  All  catch-basins  must  have  a proper  supply  of  water 
to  allow  them  to  be  flushed  out  clean  to  the  bottom.  They  must 
be  constructed  so  that  the  contents  shall  not  pass  into  the  sewer 
without  a sufficient  supply  of  water  passing  into  the  sewer  at 
the  same  time.  The  drainage  for  roof-,  surface-,  and  waste- 
water,  except  waste  from  water-closets,  may  be  connected  with 
and  discharged  into  this  catch -basin,  and  the  roof-,  surface-, 
and  waste-water  from  the  house — but  not  water  from  water- 
closets — may  be  used  for  flushing  them.  These  catch-basins 
may  be  used  for  a privy  or  water-closet.  All  pipes  discharging 
into  these  catch-basins  must  either  enter  same  just  above  the 
water-line  or  bottom  of  basin  to  prevent  stirring  up  contents 


Ordinances  of  the  City  of  Cincinnati 


73 


of  said  basin.  Each  catch-basin  shall  be  ventilated  by  a pipe 
or  flue,  and  connected  under  seats  constructed  of  proper  mate- 
rial, which  shall  not  be  less  than  six  inches  in  diameter,  and 
shall  be  extended  at  least  five  feet  above  roof  of  house  over 
catch -basins,  provided  such  catch -basin  is  located  to  exceed 
fifteen  feet  from  any  building  having  windows  or  other  open- 
ings facing  same.  Otherwise  said  vent-pipes  must  be  carried 
not  less  than  three  feet  above  window-tops  or  other  openings 
of  any  adjoining  buildings.  Rain-water  conductors  connected 
with  catch-basins  must  be  separately  trapped  when  same  opens 
immediately  beneath  or  within  three  feet  of  a window  or  air 
shaft ; otherwise  traps  on  down-spouts  leading  to  catch-basins 
may  be  left  out  to  assist  in  ventilating  catch  - basins.  This 
applies  to  catch-basins  only. 

SEC.  72.  Every  compartment  containing  a plumbing  fixture 
must  be  properly  ventilated  to  the  open  air  by  means  of  a 
window,  shaft,  or  flues. 

Sec.  73.  No  open  area,  railing,  steps,  show-window,  or  any 
portion  of  a building  or  structure  shall  project  over  a street  or 
alley  under  ten  feet  above  the  level  of  the  curb-line  opposite  the 
center  of  such  projection. 

(a)  But  bases,  columns,  pilasters,  capitals,  corbels,  mould- 
ings, sculpture,  and  other  decorative  features  which  are  part  of 
the  construction  may  project  eight  inches  beyond  the  building- 
line below  the  said  ten  feet. 

( b)  Above  the  said  ten  feet,  oriels,  balconies,  turrets,  towers, 
or  other  projections  of  a building  or  structure  other  than  pilas- 
ters, cornices,  and  mouldings,  shall  not  project  beyond  lines 
drawn  from  the  intersection  of  the  party-lines  and  building- 
line at  an  angle  of  22^  degrees  with  the  latter,  and  shall 
not  begin  less  than  three  feet  from  a party-line,  and  in  no 
case  shall  project  to  a distance  greater  than  one  fourth  the 
width  of  the  sidewalk  ; and,  except  in  case  of  balconies,  shall 
not  exceed  twenty  feet  in  width.  Where  there  are  two  or  more 
such  projections  an  intermediate  space  of  not  less  than  five  feet 
shall  be  left. 


74 


Ordinances  of  the  City  of  Cincinnati 


SEC.  74.  All  electrical  wiring  and  apparatus  within  or  at- 
tached to  any  building  must  be  made  safe  and  secure  as  against 
danger  from  fire  and  danger  to  human  life,  as  approved  by  the 
inspector. 

SEC.  75.  All  ordinances  or  parts  of  ordinances  conflicting 
with  this  ordinance  shall  be  and  the  same  are  hereby  repealed. 

No.  142.  Passed  September  9,  1903. 

To  amend  an  ordinance  entitled  “An  ordinance  to  provide  for  the 
construction  of,  repair  of,  alteration  in,  and  addition  to  build- 
ing's, to  provide  for  the  construction  and  erection  of  elevators 
and  fire  - escapes  in  and  upon  building's,  to  provide  for  the  re- 
moval and  repair  of  insecure  building's,  and  to  provide  for  the 
appointment  of  an  inspector  or  inspectors  of  building's,  passed 
Aug-ust  15,  1898.” 

Be  it  ordained  by  the  Council  of  the  City  of  Cincinnati , State  of  Ohio : 

SEC.  1.  That  sections  43,  44,  45,  46,  47,  48,  49,  50,  and  51 
of  an  ordinance  entitled  “An  ordinance  to  provide  for  the  con- 
struction of,  repair  of,  alteration  in',  and  addition  to  buildings, 
to  provide  for  the  construction  and  erection  of  elevators  and 
fire  - escapes  in  and  upon  buildings,  to  provide  for  the  removal 
and  repair  of  insecure  buildings,  and  to  provide  for  the  appoint- 
ment of  an  inspector  or  inspectors  of  buildings,”  be  amended 
so  as  to  read  as  follows  : 

SEC.  43.  In  all  buildings  of  a public  character,  such  as 
hotels,  theaters,  restaurants,  railroad  depots,  public  halls,  and 
other  buildings,  except  churches,  used  or  intended  to  be  used 
for  purposes  of  public  assembly,  amusement,  or  instruction, 
and  including  apartment  stores  and  other  business  and  manu- 
facturing buildings,  where  large  numbers  of  people  are  congre- 
gated, the  halls,  doors,  stairways,  seats,  passageways,  and  aisles, 
and  all  lighting  and  heating  appliances  and  apparatus,  shall  be 
arranged,  as  the  inspector  of  buildings  shall  direct,  to  facilitate 
egress  in  case  of  fire  or  accident,  and  to  afford  the  requisite  and 
proper  accommodation  for  the  public  protection  in  such  cases. 
All  aisles  and  passageways  in  said  buildings  shall  be  kept  free 
from  camp-stools,  chairs,  sofas,  drop-seats,  and  other  obstruc- 
tions, and  no  person  shall  be  allowed  to  stand  in  or  occupy  any 


Ordinances  of  the  City  of  Cincinnati 


75 


of  said  aisles  or  passageways  during  any  performance,  exhibi- 
tion, lecture,  concert,  ball,  or  any  public  assemblage.  The 
inspector  of  buildings  having  jurisdiction  may  at  any  time 
serve  a written  or  printed  notice  upon  the  owner,  lessee,  or 
manager  of  said  buildings,  directing  any  act  or  thing  to  be 
done  or  provided  in  or  about  said  buildings  and  the  several 
appliances  therewith  connected,  such  as  halls,  doors,  stairs, 
windows,  seats,  aisles,  fire- walls,  fire-apparatus,  and  fire-escapes, 
as  he  may  deem  necessary. 

Sec.  44.  Every  theater  or  opera-house  or  other  building 
intended  to  be  used  for  theatrical  or  operatic  purposes,  or  for 
public  entertainments  of  any  kind  hereafter  erected,  for  the 
accommodation  of  more  than  three  hundred  persons,  shall  be 
built  to  comply  with  the  requirements  of  this  section.  No 
building  which  at  the  passage  of  this  ordinance  is  not  in  actual 
use  for  theatrical  or  operatic  purposes,  and  no  building  here- 
after erected  not  in  conformity  with  the  requirements  of  this 
section,  shall  be  used  for  theatrical  or  operatic  purposes,  or  for 
public  entertainments  of  any  kind,  until  the  same  shall  have 
been  made  to  conform  to  the  requirements  of  this  section  ; and 
no  building  hereinbefore  described  shall  be  open  to  the  public 
for  theatrical  or  operatic  purposes,  or  for  public  entertainments 
of  any  kind,  until  the  inspector  of  buildings  shall  have  approved 
the  same  in  writing  as  conforming  to  the  requirements  of  this 
section.  Every  such  building  shall  have  at  least  one  front  on 
the  street,  and  in  such  front  there  shall  be  suitable  means  of 
entrance  and  exit  for  the  audience.  In  addition  to  the  afore- 
said entrances  and  exits  on  the  street  there  shall  be  reserved 
for  service  in  case  of  an  emergency  an  open  court  or  space  on 
the  side  not  bordering  on  the  street,  where  said  building  is 
located  on  a corner  lot ; and  on  both  sides  of  said  building 
where  there  is  but  one  frontage  on  the  street.  The  width  of 
such  open  court  or  courts  shall  not  be  less  than  ten  feet  in 
width  where  the  seating  capacity  is  eighteen  hundred  or  above 
that  number,  and  when  less  than  eighteen  hundred  eight  feet 
in  width.  Said  open  court  or  courts  shall  begin  on  a line  with 


76 


Ordinances  of  the  City  of  Cincinnati 


the  proscenium  wall,  and  shall  extend  the  length  of  the  audi- 
torium proper  to  or  near  the  wall  separating  the  same  from  the 
entrance  lobby  or  vestibule.  A separate  and  distinct  corridor 
shall  continue  to  the  street  from  each  open  court  through  such 
superstructure  as  may  be  built  on  the  street  side  of  the  audito- 
rium, with  continuous  walls  of  brick  or  fireproof  materials  on 
each  side  of  the  entire  length  of  said  corridor  or  corridors,  and 
the  ceiling  and  floors  shall  be  fireproof.  Said  corridor  or  corri- 
dors shall  not  be  reduced  in  width  to  more  than  three  feet  less 
than  the  open  court  or  courts,  and  there  shall  be  no  projection 
in  the  same  ; the  outer  openings  to  be  provided  with  doors  or 
gates  opening  toward  the  street.  During  the  performance  the 
doors  or  gates  in  the  corridors  shall  be  kept  open  by  proper 
fastenings  ; at  other  times  they  may  be  closed  and  fastened  by 
movable  bolts  or  locks.  The  said  open  courts  and  corridors 
shall  not  be  used  for  storage  purposes,  or  for  any  purpose  what- 
soever except  for  exit  and  entrance  from  and  to  the  auditorium 
and  stage,  and  must  be  kept  free  and  clear  during  performances. 
The  level  of  said  corridors  at  the  front  entrance  to  the  building 
shall  be  not  greater  than  one  step  above  the  level  of  the  side- 
walk where  they  begin  at  the  street  entrance.  The  entrance  of 
the  main  front  of  the  building  shall  not  be  on  a higher  level  from 
the  sidewalk  than  four  steps,  thirty-two  inches,  unless  approved 
by  the  inspector  of  buildings. 

To  overcome  any  difference  of  level  in  and  between  courts, 
corridors,  lobbies,  passages,  and  aisles  on  the  ground  floor, 
gradients  shall  be  employed  of  not  over  one  foot  in  twelve, 
with  no  perpendicular  risers.  From  the  auditorium  opening 
into  said  open  courts  or  on  the  side  street  there  shall  be  not 
less  than  two  exits  on  each  side  in  each  tier  from  and  including 
the  parquet  and  each  and  every  gallery.  Each  exit  shall  be 
at  least  five  feet  in  width  in  the  clear,  and  provided  with  doors 
of  iron  or  wood ; if  of  wood,  the  doors  shall  be  battened  and 
covered  with  tin.  All  of  said  doors  shall  open  outwardly,  and 
shall  be  fastened  with  movable  bolts,  the  bolts  to  be  kept 
drawn  during  performances.  There  shall  be  balconies  not 


Ordinances  of  the  City  of  Cincinnati 


77 


less  than  four  feet  in  width  in  the  said  open  court  or  courts 
at  each  level  or  tier  above  the  parquet,  on  each  side  of  the 
auditorium,  of  sufficient  length  to  embrace  the  two  exits,  and 
from  said  balconies  there  shall  be  staircases  extending  to  the 
ground  level,  with  a rise  of  not  over  nine  inches  to  a step, 
and  not  less  than  nine  inches  tread  exclusive  of  the  nosing. 
The  staircase  from  the  upper  balcony  to  the  next  below  shall 
not  be  less  than  thirty-six  inches  in  width  in  the  clear,  and 
from  the  first  balcony  to  the  ground  the  width  shall  be  the 
same.  All  the  before  - mentioned  balconies  and  staircases 
shall  be  constructed  throughout  of  iron,  including  the  floors, 
and  of  ample  strength  to  sustain  the  load  to  be  carried  by 
them.  Where  one  side  of  the  building  borders  on  the  street 
there  shall  be  balconies  and  staircases,  of  like  capacity  and 
kind  as  before  mentioned,  carried  to  the  ground.  When  located 
on  a corner  lot  that  portion  of  the  premises  bordering  on  the 
side  street,  and  not  required  for  the  use  of  the  theater,  may, 
if  such  portion  be  not  more  than  twenty-five  feet  in  width,  be 
used  for  offices,  stores,  or  apartments,  provided  the  walls 
separating  this  portion  from  the  theater  proper  are  carried 
up  solidly  to  and  through  the  roof,  and  that  a fireproof  exit 
is  provided  for  the  theater,  on  each  tier,  equal  to  the  combined 
width  of  exits  opening  on  opposite  sides  on  each  tier,  com- 
municating with  balconies  and  staircases  leading  to  the  street 
in  manner  provided  elsewhere  in  this  section  ; said  exit  pas- 
sages shall  be  entirely  cut  off  by  brick  walls  from  said  offices, 
stores,  and  apartments,  and  the  floors  and  ceilings  in  each  tier 
shall  be  fireproof.  No  workshop,  storage-  or  general  property- 
room  shall  be  allowed  above  the  auditorium  or  stage,  or  under 
the  same,  or  in  any  of  the  fly-galleries.  All  of  said  rooms  or 
shops  may  be  located  in  the  rear  or  at  the  side  of  the  stage, 
but  in  such  cases  they  shall  be  separated  from  the  stage  by  a 
brick  wall,  and  the  openings  leading  into  said  portions  shall 
have  fireproof  doors  hung  on  each  side  of  the  openings,  hung 
to  iron  eyes  built  into  the  wall.  No  portion  of  any  building 
hereafter  erected  or  altered,  used  or  intended  to  be  used  for 


78 


Ordinances  of  the  City  of  Gincinnati 


theatrical  or  other  purposes  as  herein  specified,  shall  be  occu- 
pied or  used  as  a hotel,  boarding-  or  lodging-house,  workshop 
or  manufactory,  or  for  storage  purposes,  except  as  may  be 
hereafter  specially  provided  for.  Said  restriction  relates  not 
only  to  that  portion  of  the  building  which  contains  the  audi- 
torium and  stage,  but  applies  to  the  entire  structure  in  con- 
junction therewith.  No  store  or  room  contained  in  the  building, 
or  the  offices,  stores,  or  apartments  adjoining,  as  aforesaid, 
shall  be  let  or  used  for  carrying  on  any  business  dealing  in 
articles  designated  as  specially  hazardous  in  the  classification 
of  the  Underwriters’  Association  of  Cincinnati,  or  for  manu- 
facturing purposes.  No  lodging  accommodations  shall  be 
allowed  in  any  part  of  the  building  communicating  with  the 
auditorium.  Interior  walls  built  of  fireproof  materials  shall 
separate  the  auditorium  from  the  entrance  vestibule  and  from 
any  room  or  rooms  over  the  same,  also  from  any  lobbies,  cor- 
ridors, refreshment,  or  other  rooms.  All  staircases  for  the  use 
of  the  audience  shall  be  inclosed  with  walls  of  brick,  or  of  fire- 
proof materials  approved  by  the  inspector  of  buildings,  in  the 
stories  through  which  they  pass,  and  the  openings  to  said 
staircases  from  each  tier  shall  be  the  full  width  of  said  stair- 
case. No  door  shall  open  immediately  on  a flight  of  stairs, 
but  a landing  at  least  the  width  of  the  door  shall  be  provided 
between  such  stairs  and  such  door.  A fire-wall  built  of  brick 
shall  separate  the  auditorium  from  the  stage,  and  the  same 
shall  extend  at  least  four  feet  above  the  stage  roof,  or  the 
auditorium  roof,  if  the  latter  be  higher,  and  shall  be  coped. 
Above  the  proscenium  opening  there  shall  be  an  iron  girder 
of  sufficient  strength  to  safely  support  the  load  above,  and  the 
same  shall  be  covered  with  fireproof  materials  to  protect  it  from 
the  heat.  The  moulded  frame  around  the  proscenium  open- 
ing shall  be  formed  entirely  of  fireproof  materials  ; if  metal  be 
used,  the  metal  shall  be  filled  in  solid  with  non-combustible 
material  and  securely  anchored  to  the  wall  with  iron.  The 
proscenium  opening  shall  be  provided  with  a fireproof  metal 
curtain,  or  a curtain  of  asbestos  or  other  fireproof  material, 


Ordinances  of  the  City  of  Cincinnati 


79 


approved  by  the  inspector  of  buildings,  sliding  at  each  end 
within  iron  grooves,  securely  fastened  to  the  brick  wall,  and 
extending  into  such  grooves  a depth  of  not  less  than  six  inches 
on  each  side  of  the  opening.  Said  fireproof  curtain  shall  be 
operated  by  approved  machinery  for  that  purpose.  The  pro- 
scenium curtains  shall  be  placed  at  least  three  feet  distant  from 
the  footlights  at  the  nearest  point.  No  doorway  or  opening 
through  the  proscenium  wall  from  the  auditorium  shall  be 
allowed  above  the  level  of  the  first  floor,  and  such  first-floor 
openings  shall  have  fireproof  doors,  which  shall  be  hung  so  as 
to  be  opened  from  either  side  at  all  times. 

There  shall  be  provided  over  the  stage  metal  skylights  of 
an  area  or  combined  area  of  at  least  one  eighth  the  area  of  said 
stage,  fitted  with  sliding  sash  and  glazed  with  double  sheet 
thick  glass  not  exceeding  one  twelfth  of  an  inch  thick,  and 
each  pane  thereof  measuring  not  less  than  three  hundred  square 
inches,  and  the  whole  of  which  skylight  shall  be  so  constructed 
as  to  open  instantly  on  the  cutting  or  burning  of  a hempen 
cord,  which  shall  be  arranged  to  hold  said  skylight  closed,  or 
some  other  equally  simple  approved  device  for  opening  them 
may  be  provided.  Immediately  underneath  the  glass  of  said 
skylight  there  shall  be  wire  netting,  but  wire  glass  may  be 
used  in  lieu  of  this  requirement.  All  that  portion  of  the  stage 
not  comprised  in  the  working  of  machinery,  traps,  and  other 
mechanical  apparatus  for  the  presentation  of  a scene,  usually 
equal  to  the  width  of  the  proscenium  opening,  shall  be  built  of 
iron  or  steel  beams,  filled  in  between  with  fireproof  material, 
and  all  girders  for  the  support  of  said  beams  shall  be  of  wrought 
iron  or  rolled  steel.  The  fly-galleries  entire,  including  pin- 
rails,  shall  be  constructed  of  iron  or  stee-l,  and  the  floors  of  said 
galleries  shall  be  composed  of  iron  or  steel  beams,  and  no  wood 
boards  or  sleepers  shall  be  used  as  a covering  over  beams,  but 
the  said  floors  shall  be  entirely  fireproof.  The  rigging  loft 
must  also  be  fireproof.  All  stage  scenery,  curtains,  and  deco- 
rations made  of  combustible  material,  and  all  woodwork  on  or 
about  the  stage,  shall  be  painted  or  saturated  with  some  non- 


80 


Ordinances  of  the  City  of  Cincinnati 


combustible  material  or  otherwise  rendered  safe  against  fire, 
and  the  finishing  coat  of  paint  applied  to  all  woodwork  through- 
out the  building  shall  be  of  such  kind  as  will  resist  fire  to  the 
satisfaction  of  the  inspector  of  buildings.  The  roof  over  the 
auditorium  and  the  entire  main  floor  of  the  auditorium  and 
vestibule,  also  the  entire  floor  of  the  second  story  of  the  front 
superstructure  over  the  entrance,  lobby,  and  corridors,  and  all 
galleries  and  supports  for  the  same  in  the  auditorium,  shall  be 
constructed  of  iron  or  steel  and  fireproof  materials,  not  exclud- 
ing the  use  of  wood  floor-boards  and  necessary  sleepers  to  fasten 
the  same  to,  but  such  sleepers  shall  not  mean  timbers  for  sup- 
port; and  the  space  between  the  sleepers,  except  the  portion 
under  the  stepping  in  the  galleries,  which  shall  be  properly 
fire-stopped,  shall  be  solidly  filled  with  incombustible  material 
up  to  the  underside  of  the  floor-boards.  The  fronts  of  each 
gallery  shall  be  formed  of  fireproof  materials,  except  the  cap- 
ping, which  may  be  of  wood.  The  ceiling  under  each  gallery 
shall  be  entirely  formed  of  fireproof  materials.  The  ceiling 
of  the  auditorium  shall  be  formed  of  fireproof  materials.  All 
lathing,  whenever  used,  shall  be  of  wire  or  other  metal.  The 
partitions  in  that  portion  of  the  building  which  contains  the 
auditorium,  the  entrance  and  vestibule,  and  every  room  and 
passage  devoted  to  the  use  of  the  audience,  shall  be  constructed 
of  fireproof  materials,  including  the  furring  of  outside  or  other 
walls.  None  of  the  walls  or  ceilings  shall  be  covered  with 
wood  sheathing,  canvas,  or  any  combustible  material.  But  this 
shall  not  exclude  the  use  of  wood  wainscoting  to  a height  not 
to  exceed  six  feet,  which  shall  be  filled  in  solid  between  the 
wainscoting  and  the  wall  with  fireproof  materials.  The  walls 
separating  the  actors’  dressing-rooms  from  the  stage,  and  the 
partitions  dividing  the  dressing-rooms,  together  with  the  parti- 
tions  of  every  passageway  from  the  same  to  the  stage,  and  all 
other  partitions  on  or  about  the  stage,  shall  be  constructed  of 
fireproof  material,  approved  by  the  inspector  of  buildings.  All 
doors  in  any  of  the  said  partitions  shall  be  fireproof.  All  shelv- 
ing and  cupboards  in  each  and  every  dressing-room,  property- 


Ordinances  of  the  City  of  Cincinnati 


81 


room,  or  other  storage  - rooms  shall  be  constructed  of  metal, 
slate,  or  some  fireproof  material.  Dressing-rooms  may  be 
placed  in  the  fly-galleries,  provided  that  proper  exits  are  secured 
therefrom  to  fire-escapes  in  the  open  courts,  and  that  the  parti- 
tions and  other  matters  pertaining  to  dressing-rooms  shall  con- 
form to  the  requirements  herein  contained  ; but  the  stairs  lead- 
ing to  the  same  shall  be  fireproof.  All  dressing-rooms  shall 
have  an  independent  exit  leading  directly  to  the  court  or  street, 
and  shall  be  ventilated  by  windows  in  the  external  wall,  and 
no  dressing-room  shall  be  more  than  one  story  below  the  street 
level.  All  windows  shall  be  arranged  to  open,  and  none  of  the 
windows  in  the  outside  walls  shall  have  fixed  sashes,  iron  grills, 
or  bars.  All  seats  in  the  auditorium  except  those  contained 
in  boxes  shall  not  be  less  than  thirty-two  inches  from  back  to 
back,  measured  in  a horizontal  direction,  and  firmly  secured  to 
the  floor.  No  seat  in  the  auditorium  shall  have  more  than 
twelve  seats  intervening  between  it,  and  an  aisle  on  either  side. 
No  stool,  seat,  or  drop-seat  shall  be  placed  in  any  aisle.  All 
platforms  in  galleries  formed  to  receive  the  seats  shall  be  not 
more  than  twenty-one  inches  in  height  of  riser  nor  less  than 
thirty  - two  inches  in  width  of  platform.  All  aisles  on  the 
respective  floors  in  the  auditorium  having  seats  on  both  sides 
of  the  same  shall  not  be  less  than  three  feet  wide  where  they 
begin,  and  shall  be  increased  in  width  toward  the  exits  in  the 
ratio  of  one  and  one  half  inches  to  five  running  feet.  All  aisles 
having  seats  on  one  side  only  shall  be  not  less  than  two  feet  wide 
at  their  beginning,  and  increased  in  width  the  same  as  aisles 
having  seats  on  both  sides.  The  aggregate  capacity  of  the 
foyers,  lobbies,  corridors,  passages,  and  rooms  for  the  use  of 
the  audience,  not  including  aisle  space  between  seats,  shall  on 
each  floor  or  gallery  be  sufficient  to  contain  the  entire  number 
to  be  accommodated  on  said  floor  or  gallery,  in  the  ratio  of  one 
hundred  and  fifty  superficial  feet  of  floor  room  for  every 
one  hundred  persons.  Gradients  or  inclined  planes  shall  be 
employed  instead  of  steps  where  possible  to  overcome  slight 
differences  of  level  in  or  between  aisles,  corridors,  and  passages. 


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Ordinances  of  the  City  of  Cincinnati 


Every  theater  accommodating  three  hundred  persons  shall  have 
at  least  two  exits  ; when  accommodating  five  hundred  persons 
at  least  three  exits  shall  be  provided  ; these  exits  not  referring 
to  or  including  the  exits  to  the  open  court  at  the  side  of  the 
theater. 

All  doors  of  exit  or  entrance  shall  open  outwardly,  and  shall 
be  hung  to  swing  in  such  manner  as  not  to  become  an  obstruc- 
tion in  a passage  or  corridor,  and  no  such  doors  shall  be  closed 
and  locked  during  any  representation  or  when  the  building  is 
opened  to  the  public.  Distinct  and  separate  places  of  exit  and 
entrance  shall  be  provided  for  each  gallery  above  the  first. 
A common  place  of  exit  and  entrance  may  serve  for  the  main 
floor  of  the  auditorium  and  the  first  gallery,  provided  its 
capacity  be  equal  to  the  aggregate  capacity  of  the  outlets  from 
the  main  floor  and  the  said  gallery.  No  passage  leading  to  any 
stairway  communicating  with  any  entrance  or  exit  shall  be  less 
than  four  feet  in  width  in  any  part  thereof.  All  stairs  within 
the  building  shall  be  constructed  of  fireproof  materials  through- 
out. Stairs  from  balconies  and  galleries  shall  not  communicate 
with  the  basement  or  cellar.  All  stairs  shall  have  treads  of 
uniform  width  and  risers  of  uniform  height  throughout  in  each 
flight.  Stairways  serving  for  the  exit  of  fifty  people  shall  be 
at  least  four  feet  wide  between  railings,  and  for  every  additional 
seventy-five  people  to  be  accommodated  six  inches  must  be 
added  to  their  width.  The  width  of  all  stairs  shall  be  measured 
in  the  clear  between  hand-rails.  In  no  case  shall  risers  exceed 
seven  and  one  half  inches  in  height,  nor  shall  the  treads,  exclu- 
sive of  nosings,  be  less  than  ten  and  one  half  inches  wide  in 
straight  stairs.  No  circular  or  winding  stairs  for  the  use  of  the 
public  shall  be  permitted.  Where  the  seating  capacity  is  for 
more  than  one  thousand  people  there  shall  be  at  least  two  inde- 
pendent staircases,  with  direct  exterior  outlets  provided  for  each 
gallery  in  the  auditorium  where  there  are  not  more  than  two 
galleries,  and  the  same  shall  be  located  on  opposite  sides  of 
said  galleries.  Where  there  are  more  than  two  galleries  one  or 
more  additional  staircases  shall  be  provided,  the  outlets  of  which 


Ordinances  of  the  City  of  Cincinnati 


83 


shall  communicate  directly  with  the  principal  exit  or  other 
exterior  outlets.  All  said  staircases  shall  be  of  width  propor- 
tionate to  the  seating  capacity  as  elsewhere  herein  prescribed. 
Where  the  seating  capacity  is  for  one  thousand  people  or  less, 
two  direct  lines  or  staircases  only  shall  be  required,  located  on 
opposite  sides  of  the  galleries,  and  in  both  cases  shall  extend 
from  sidewalk  level  to  the  upper  gallery,  with  outlets  from 
each  gallery  to  each  of  said  staircases.  At  least  two  independent 
staircases  with  direct  exterior  outlets  shall  also  be  provided  for 
the  service  of  the  stage,  and  shall  be  located  on  opposite  sides 
of  the  same.  All  inside  stairways  leading  to  the  upper  galleries 
of  the  auditorium  shall  be  inclosed  on  both  sides  with  walls  of 
fireproof  materials.  Stairs  leading  to  the  first  or  lower  gallery 
may  be  left  open  on  one  side,  in  which  case  they  shall  be  con- 
structed as  herein  provided  for  similar  stairs  leading  from  the 
entrance  hall  to  the  main  floor  of  the  auditorium.  But  in  no 
case  shall  stairs  leading  to  any  gallery  be  left  open  on  both 
sides.  When  straight  stairs  return  directly  on  themselves  a 
landing  of  the  full  width  of  both  flights  without  any  steps 
shall  be  provided. 

The  outer  line  of  landings  shall  be  curved  to  a radius  of  not 
less  than  two  feet  to  avoid  square  angles.  Stairs  turning  at  an 
angle  shall  have  a proper  landing  without  winders  introduced 
at  said  turn.  In  stairs,  when  the  two  side  flights  connect  with 
one  main  flight,  no  winders  shall  be  introduced,  and  the  width 
of  the  main  flight  shall  be  at  least  equal  to  the  aggregate  width 
of  the  side  flights.  All  stairs  shall  have  proper  landings  intro- 
duced at  convenient  distances.  All  inclosed  staircases  shall 
have  on  both  sides  strong  hand-rails  firmly  secured  to  the  wall 
about  three  feet  above  the  stairs,  but  said  hand-rails  shall  not 
run  on  level  platform  and  landings  where  the  same  is  more  in 
length  than  the  width  of  the  stairs.  All  staircases  eight  feet 
and  over  in  width  shall  be  provided  with  a center  hand-rail  of 
metal,  not  less  than  two  inches  in  diameter,  placed  at  a height 
of  about  three  feet  above  the  center  of  treads,  and  supported  on 
wrought  metal  or  brass  standards  of  sufficient  strength,  placed 


84 


Ordinances  of  the  City  of  Cincinnati 


not  nearer  than  four  feet  nor  more  than  six  feet  apart,  and 
securely  bolted  to  treads  or  risers  of  stairs,  or  both,  and  at  the 
head  of  each  flight  of  stairs  on  each  landing  the  post  or  stan- 
dard shall  be  at  least  six  feet  in  height,  to  which  the  rail  shall 
be  secured.  Every  steam-boiler  which  may  be  required  for 
heating  or  other  purposes  shall  be  located  outside  of  the  build- 
ing, and  the  space  allotted  to  the  same  shall  be  inclosed  with 
walls  of  masonry  on  all  sides,  and  the  ceiling  of  such  space 
shall  be  constructed  of  fireproof  materials.  All  doorways  in 
said  walls  shall  have  fireproof  doors.  No  floor  register  for 
heating  shall  be  permitted.  No  coil  or  radiator  shall  be  placed 
in  any  aisle  or  passageway  used  as  an  exit ; but  all  said  coils 
and  radiators  shall  be  placed  in  recesses  formed  in  the  wall  or 
partition  to  receive  the  same.  All  supply,  return,  or  exhaust 
pipes  shall  be  properly  encased  and  protected  where  passing 
through  floors  or  near  woodwork.  Standpipes  four  inches  in 
diameter  shall  be  provided  with  hose  attachments  on  every  floor 
and  gallery  as  follows,  namely,  one  on  each  side  of  the  audito- 
rium in  each  tier,  also  on  each  side  of  the  stage  in  each  tier, 
and  at  least  one  in  the  property-room  and  one  in  the  carpenter- 
shop  if  the  same  be  contiguous  to  the  building.  All  such  stand- 
pipes shall  be  kept  clear  from  obstruction.  Standpipes  shall  be 
separate  and  distinct,  receiving  their  supply  of  water  direct 
from  the  power  pump  or  pumps,  and  shall  be  fitted  with  the 
regulation  couplings  of  the  fire  department,  and  shall  be  kept 
constantly  filled  with  water  by  means  of  an  automatic  power 
pump  or  pumps,  of  sufficient  capacity  to  supply  all  the  lines  of 
hose  when  operated  simultaneously  ; and  said  pump  or  pumps 
shall  be  supplied  from  the  street  main,  and  be  ready  for  imme- 
diate use  at  all  times  during  a performance  in  said  building. 
A separate  and  distinct  system  of  automatic  sprinklers,  with 
fusible  plugs,  approved  by  the  inspector  of  buildings,  supplied 
with  water  from  tank  located  on  the  roof  over  the  stage,  and 
not  connected  in  any  manner  with  the  standpipes,  shall  be 
placed  each  side  of  the  proscenium  opening  and  on  the  ceiling 
or  roof  over  the  stage,  at  such  intervals  as  will  protect  every 


Ordinances  of  the  City  of  Cincinnati 


85 


square  foot  of  stage  surface  when  said  sprinklers  are  in  opera- 
tion. Automatic  sprinklers  shall  also  be  placed,  wherever 
practicable,  in  the  dressing-rooms  under  the  stage  and  in  the 
carpenter-shop,  paint-rooms,  store-rooms,  and  property-rooms. 
A proper  and  sufficient  quantity  of  2 -inch  hose,  not  less  than 
one  hundred  feet  in  length,  fitted  with  the  regulation  couplings 
of  the  fire  department,  and  with  nozzles  attached  thereto,  and 
with  hose  spanners  at  each  outlet,  shall  always  be  kept  attached 
to  each  hose  attachment,  as  the  chief  of  the  fire  department 
may  direct. 

There  shall  also  be  kept  in  readiness  for  immediate  use  on 
the  stage  at  least  two  casks  full  of  water  and  two  buckets  to 
each  cask.  Said  casks  and  buckets  shall  be  painted  red. 
There  shall  also  be  provided  at  least  four  axes  and  two  25-foot 
hooks,  two  15-foot  hooks,  and  two  10-foot  hooks  on  each  tier 
or  floor  of  the  stage.  Every  portion  of  the  building  devoted 
to  the  uses  and  accommodation  of  the  public,  also  all  outlets 
leading  to  the  streets  and  including  the  open  courts  and  cor- 
ridors, shall  be  well  and  properly  lighted  during  every  per- 
formance, and  the  same  shall  remain  lighted  until-  the  entire 
audience  has  left  the  premises.  All  gas  or  electric  lights  in 
the  halls,  corridors,  lobby,  or  any  other  part  of  said  buildings 
used  by  the  audience,  except  the  auditorium,  must  be  con- 
trolled by  a separate  shutoff,  located  in  the  lobby  and  controlled 
only  in  that  particular  place.  Gas-mains  supplying  the  build- 
ing shall  have  independent  connections  for  the  auditorium  and 
the  stage,  and  provision  shall  be  made  for  shutting  off  the  gas 
from  the  outside  of  the  building.  When  interior  gas-lights 
are  not  lighted  by  electricity  other  suitable  appliances,  approved 
by  the  inspector  of  buildings,  shall  be  provided.  All  suspended 
or  bracket  lights,  surrounded  by  glass  in  the  auditorium  or  in 
any  part  of  the  building  devoted  to  the  public,  shall  be  provided 
with  proper  wire  netting  underneath.  No  gas  or  electric  light 
shall  be  inserted  in  the  walls,  woodwork,  ceilings,  or  in  any 
part  of  the  building  unless  protected  by  fireproof  materials. 
All  lights  in  passages  and  corridors  in  said  buildings,  and 


86 


Ordinances  of  the  City  of  Cincinnati 


wherever  deemed  necessary  by  the  inspector  of  buildings,  shall 
be  protected  with  proper  wire  network.  The  footlights,  in 
addition  to  the  wire  network,  shall  be  protected  with  a strong 
wire  guard  and  chain,  placed  not  less  than  two  feet  distant  from 
said  footlights,  and  the  trough  containing  said  footlights  shall  be 
formed  of  and  surrounded  by  fireproof  materials.  All  border- 
lights  shall  be  constructed  according  to  the  best  known  methods 
and  subjected  to  the  approval  of  the  inspector  of  buildings,  and 
shall  be  suspended  for  ten  feet  with  wire  rope.  All  ducts  or 
shafts  used  for  conducting  heated  air  from  the  main  chandelier, 
or  from  any  other  light  or  lights,  shall  be  constructed  of  metal 
and  made  double,  with  an  air  space  between.  All  stage-lights 
shall  have  strong  metal  wire  guards  or  screens,  not  less  than 
ten  inches  in  diameter,  so  constructed  that  any  material  in 
contact  therewith  shall  be  out  of  reach  of  the  flames  of  said 
stage-lights,  and  must  be  soldered  to  the  fixture  in  all  cases. 

The  standpipes,  gas-pipes,  electric  wires,  hose,  foot-lights, 
and  all  apparatus  for  the  extinguishing  of  fire  or  guarding 
against  the  same,  as  herein  specified,  shall  be  in  charge  and 
under  control  of  the  fire  department,  and  the  Board  of  Public 
Safety  is  hereby  directed  to  see  that  the  arrangements  in  respect 
thereto  are  carried  out  and  enforced.  A diagram  or  plan  of 
each  tier,  gallery,  or  floor,  showing  distinctly  the  exits  there- 
from, each  occupying  a space  not  less  than  fifteen  square  inches, 
shall  be  printed  in  black  lines  in  a legible  manner  on  the  pro- 
gramme of  the  performance.  Every  exit  shall  have  over  the 
same  on  the  inside  the  word  “ EXIT  ” painted  in  legible  letters 
not  less  than  eight  inches  high. 

Sec.  2.  That  sections  43,  44,  45,  46,  47,  48,  49,  50,  and 
51  of  an  ordinance  entitled  “An  ordinance  to  provide  for  the 
construction  of,  repair  of,  alteration  in,  and  addition  to  build- 
ings, to  provide  for  the  construction  and  erection  of  elevators 
and  fire-escapes  in  and  upon  buildings,  to  provide  for  the 
removal  and  repair  of  insecure  buildings,  and  to  provide  for 
the  appointment  of  an  inspector  or  inspectors  of  buildings, 
passed  August  15,  1898,”  be  and  the  same  are  hereby  repealed. 


Ordinances  of  the  City  of  Cincinnati 


87 


No.  575.  Passed  November  19,  1900. 

To  provide  for  a Stenographer  in  the  Department  of  Inspector  of 
Building-s,  as  amended  by  Ordinance  No.  861,  passed  June  9, 
1902. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati: 

SEC.  1.  That  the  mayor  is  hereby  authorized  to  appoint 
a suitable  person  to  act  as  stenographer  in  the  office  of  the 
inspector  of  buildings,  at  a salary  of  sixty  dollars  per  month, 
payable  semi-monthly,  whose  term  of  office  shall  be  one  year. 

No.  735.  Passed  September  30,  1901. 

To  provide  for  the  inspection  of  ropes  and  other  appliances  used  by 
contractors,  as  amended  by  Ordinance  No.  861,  passed  June  9, 
1902. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati: 

SEC.  1.  That  the  inspector  of  buildings  of  this  city,  in 
addition  to  other  duties  now  required  of  him  by  the  laws  and 
ordinances,  shall  from  time  to  time  inspect  all  the  ropes  made 
of  materials  other  than  metal  and  used  by  contractors  to  support 
the  scaffolding  upon  which  persons  are  required  to  stand  or  sit 
while  in  the  performance  of  work  for  such  contractors,  and  no 
rope  made  of  materials  other  than  metal  or  manila  No.  1 shall 
be  used  by  any  contractor  to  support  boards  or  scaffolding  upon 
which  persons  are  required  to  stand  or  sit  while  performing 
work  for  such  contractors,  nor  until  after  the  inspector  of  build- 
ings or  one  of  his  assistants  has  inspected  and  approved  such 
manila  ropes  within  ninety  days  prior  to  such  use  ; provided, 
however,  that  after  any  such  rope  has  been  used  in  and  about 
any  work  involving  the  use  of  muriatic  acid,  ammoniacal  acid, 
or  any  other  fluid  which  has  a tendency  to  rapidly  decompose, 
consume,  or  weaken  such  ropes,  then  such  ropes  shall  not  be 
again  used  for  any  purpose  requiring  persons  to  be  supported 
thereby  until  after  the  same  have  been  submitted  to  the  in- 
spector of  buildings  for  inspection,  and  been  approved  by  him 
as  sound  and  sufficient  for  the  purpose  intended.  All  ladders 


88 


Ordinances  of  the  City  of  Cincinnati 


and  scaffolding  used  by  contractors  as  aforesaid  shall  be  examined 
to  see  that  they  are  in  good  condition,  and  all  contractors  shall 
furnish  rubber  covering  for  ropes  where  acids  are  being  used, 
or  any  other  fluid  tending  to  destroy  ropes  or  wood.  All  hooks 
used  by  contractors  shall  be  made  of  best  iron.  When  such 
inspection  has  been  made  the  inspector  shall  issue  a permit  as 
to  such  rope,  ladder,  or  scaffolding,  and  fasten  upon  such  rope 
a metal  clamp,  indicating  by  its  number  and  the  corresponding 
entries  on  his  official  record  books  the  date  of  such  inspection 
and  approval.  If  in  the  opinion  of  the  inspector  any  scaffolding 
or  other  appliance  examined  by  him  is  unfit  for  use,  the  same 
shall  be  condemned. 

SEC.  2.  Every  contractor  who  uses  any  rope,  ladders,  or 
scaffolding  contrary  to  the  provisions  of  this  ordinance  shall  be 
fined  the  sum  of  not  less  than  ten  dollars  nor  more  than  fifty 
dollars  for  each  day  any  rope,  ladder,  or  scaffolding  is  so  used 
contrary  to  the  provisions  of  this  ordinance. 

SEC.  3.  The  mayor  shall  appoint  an  assistant  at  a salary 
of  thirteen  hundred  dollars  per  year,  whose  duty  it  shall  be  to 
see  that  the  provisions  of  this  ordinance  are  complied  with  ; 
such  assistant  shall  be  a practical  man,  who  understands  the 
construction  of  scaffolds  and  the  making  and  splicing  of  ropes. 

No.  610.  Passed  January  28,  1901. 

To  regulate  the  erection  of  fences  and  other  structures  within  the 
City  of  Cincinnati. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati : 

Sec.  1.  That  no  person,  firm,  corporation,  or  association 
shall  erect,  or  cause  or  permit  to  be  erected,  within  the  city 
of  Cincinnati  any  fence,  sign-board,  bill-board,  or  other  struc- 
ture to  be  used  for  advertising  purposes  without  first  obtaining 
a permit  therefor  from  the  inspector  of  buildings.  Provided, 
however,  that  nothing  herein  contained  shall  affect  the  right 
to  advertise  any  trade,  business,  or  profession  on  the  premises 
upon  which  said  trade,  business,  or  profession  is  conducted,  or 
the  right  to  advertise  any  premises  for  rent,  lease,  or  sale. 


Ordinances  of  the  City  of  Cincinnati 


89 


SEC.  2.  All  such  structures  shall  be  safely  and  substantially 
built  to  the  satisfaction  of  the  inspector  of  buildings,  and  for 
such  permits  said  inspector  of  buildings  shall  charge  the  sum 
of  five  dollars  for  every  eight-sheet  board  (size  seven  by  ten  feet 
or  under),  and  ten  dollars  for  any  board  of  larger  size. 

Sec.  3.  No  matter  shall  be  posted  upon  any  such  structure 
without  the  sanction  of  the  superintendent  of  police  ; and  it 
shall  be  unlawful  for  any  billposter  to  post  matter  upon  any 
board  owned  or  controlled  by  a licensed  advertiser  without  the 
consent  of  said  advertiser. 

Sec.  4.  Any  violation  of  the  provisions  of  this  ordinance 
shall  be  deemed  a misdemeanor,  and  the  violator  shall  upon 
conviction  be  fined  the  sum  of  twenty-five  dollars  or  impris- 
oned for  a term  of  thirty  days,  according  to  the  discretion  of  the 
court  imposing  the  sentence. 

Sec.  5.  All  ordinances  or  parts  of  ordinances  inconsistent 
herewith  are  hereby  repealed. 

No.  666.  Passed  June  10,  1901. 

To  regulate  payments  of  fees  for  building  permits. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati: 

SEC.  1 . That  all  payments  of  fees  for  building  permits  that 
may  hereafter  be  issued  by  the  inspector  of  buildings  of  the 
city  of  Cincinnati  shall  be  made  to  the  city  treasurer  direct 
upon  certificates  from  said  inspector  of  buildings  or  the  clerk 
of  his  department.  The  certificate  shall  state  the  name  of  the 
person  in  whose  favor  the  permit  is  to  be  issued,  and  the  exact 
amount  in  dollars  and  cents  to  be  paid  therefor.  The  city 
treasurer  shall  receive  the  amount  specified  and  receipt  therefor 
to  the  applicant,  who  in  turn  shall  present  such  receipt  to  the 
inspector  of  buildings  or  the  clerk  of  his  department  for  exami- 
nation, and  upon  such  presentation  the  permit  shall  be  issued. 
And  a proper  account  of  such  receipts  thus  presented  shall  be 
kept  in  the  office  of  the  building  inspector  and  presented  in  his 
annual  report. 


90 


Ordinances  of  the  City  of  Cincinnati 


No.  4081.  Passed  April  6,  1888. 

To  make  the  City  Clerk  Stationery  Storekeeper  for  all  the  Depart- 
ments of  the  City. 

Be  it  ordained  by  the  Common  Council  of  Cincinnati : 

Sec.  1.  That  the  city  clerk,  in  addition  to  the  duties  now 
required  of  him  by  law,  shall  perform  the  duty  of  stationery 
storekeeper  for  all  the  departments  of  the  city  government. 

Sec.  2.  As  such  storekeeper  he  shall  provide  the  necessary 
stationery  for  all  the  departments  of  the  city,  which  shall  include 
all  forms,  blanks,  blank-books,  record-books,  writing-materials, 
and  other  articles  which  may  be  necessary. 

SEC.  3.  In  providing  the  stationery  necessary  for  the  dif- 
ferent departments  he  shall,  so  far  as  practicable,  receive  bids 
from  parties  dealing  in  and  manufacturing  such  articles,  and 
shall  award  contracts  for  furnishing  only  to  the  lowest  bidder. 

SEC.  4.  He  shall,  on  the  first  day  of  every  month,  present 
to  the  heads  of  the  different  departments  suitable  blanks,  on 
which  they  shall  make  requisitions  upon  him  for  the  stationery 
necessary  for  their  departments  during  the  current  month,  and 
no  money  shall  be  paid  out  of  the  city  treasury  for  stationery 
except  through  the  city  clerk. 

Sec.  5.  As  compensation  for  his  services  under  the  provi- 
sions of  this  ordinance  the  city  clerk  shall,  in  addition  to  the 
salary  now  allowed  by  law,  be  entitled  to  receive  the  sum  of 
six  hundred  dollars  per  annum. 

No.  40.  Passed  July  12,  1897. 

For  the  protection  of  public  cisterns,  fire  plug-s,  etc. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati: 

SEC.  1.  That  it  shall  be  unlawful  for  any  person  or  persons 
to  place  any  building-material  or  any  other  obstruction  what- 
ever within  eighteen  feet  of  the  center  cap  of  any  public  cistern 
or  public  hydrant  or  fire-plug ; and  any  person  or  persons  so 
offending  against  the  provisions  of  this  ordinance  shall  on 


Ordinances  of  the  City  of  Cincinnati 


91 


conviction  thereof  in  the  Police  Court  be  fined  in  any  sum 
not  less  than  ten  dollars  nor  exceeding  fifty  dollars,  together 
with  the  costs  of  suit. 

SEC.  2.  An  ordinance  to  amend  an  ordinance  for  the  pro- 
tection of  public  fire-cisterns,  passed  July  31,  1846,  is  hereby 
repealed. 

No.  739.  Passed  October  7,  1901. 

Granting-  to  the  John  Shillito  Company  the  right  to  construct  a 
cistern  on  Jackson  Street,  between  Twelfth  and  Canal  streets. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati : 

SEC.  1.  That  permission  be  and  the  same  is  hereby  granted 
to  the  John  Shillito  Company  to  construct  a cistern  of  a capacity 
not  greater  than  fifty  thousand  gallons  under  Jackson  Street, 
between  Canal  and  Twelfth  streets,  not  less  than  eighty  feet 
north  of  Canal  Street ; said  cistern  to  be  for  the  use  of  the 
John  Shillito  Company  in  case  of  fire,  and  for  the  use  of  the 
said  company  in  sprinkling. 

Sec.  2.  That  said  cistern  shall  be  built  and  maintained  at 
all  times  in  good  order  by  the  said  the  John  Shillito  Company, 
and  the  said  the  John  Shillito  Company  shall  repair  any  injury 
caused  to  the  street  by  reason  of  the  building  of  said  cistern, 
so  that  the  street  over  said  cistern  shall  be  in  as  good  condition 
after  as  it  was  before  the  building  of  said  cistern ; said  cistern 
shall  be  built  and  maintained  according  to  plans  which  must 
first  be  submitted  to  and  approved  by  the  chief  engineer  of  the 
Board  of  Public  Service. 

SEC.  3.  The  Board  of  Public  Service  shall  have  the  power 
at  any  time,  upon  thirty  days’  notice  being  given  the  John 
Shillito  Company,  to  order  the  removal  of  said  cistern,  and  it 
shall  then  be  the  duty  of  the  John  Shillito  Company  to  remove 
said  cistern  and  repair  said  street,  so  that  it  shall  be  in  as  good 
condition  as  before  the  building  of  said  cistern. 


92 


Ordinances  of  the  City  of  Cincinnati 


No.  4189.  Passed  March  15,  1889. 

To  provide  for  the  labeling-  and  marking-  of  convict-made  g-oods,  wares, 
and  merchandise  manufactured  by  convicts  in  penitentiaries, 
prisons,  etc.,  and  also  to  provide  for  the  marking-,  stamping-,  and 
labeling-  of  g-oods,  linens,  cloths,  and  other  wearing-  apparel  having- 
been  laundried  or  washed  and  ironed  in  the  City  Workhouse. 

Be  it  ordained  by  the  Common  Council  of  Cincinnati: 

SEC.  1.  That  all  the  goods,  wares,  or  merchandise  made 
by  convict  laborers  in  any  penitentiary,  prison,  reformatory,  or 
any  place  where  convict  labor  is  employed,  shall  before  being 
exposed  for  sale  within  the  corporate  limits  of  the  city  of  Cin- 
cinnati be  branded,  labeled,  or  marked. 

Sec.  2.  The  brand,  label,  or  mark  hereby  required  shall 
contain  the  words  “ Convict  made,”  followed  by  the  year  and 
the  name  of  the  penitentiary,  prison,  reformatory,  or  other 
establishment  in  which  it  was  made,  in  plain  English  lettering. 
The  brand  or  mark  shall  in  all  cases  where  the  nature  of  the 
article  will  permit  be  placed  upon  the  article  itself,  and  only 
where  such  brand  or  mark  on  the  article  itself  is  impossible 
shall  be  placed  upon  the  box  or  other  covering  of  the  same,  or 
shall  be  attached  to  the  article  as  a label.  The  label  shall  be 
placed  upon  the  most  conspicuous  part  of  the  article ; and  the 
articles  that  are  marked  shall  be  marked  or  branded  in  the 
most  conspicuous  place. 

Sec.  8.  It  shall  be  unlawful  for  any  person  to  expose  for 
sale  in  the  city  of  Cincinnati  any  such  convict-made  goods, 
wares,  or  merchandise,  or  to  have  the  same  in  his  possession 
for  the  purpose  of  selling  the  same,  or  to  offer  the  same  for 
sale  without  the  brand,  mark,  or  label  required  by  this  ordi- 
nance, or  to  remove  such  mark,  label,  or  brand. 

SEC.  4.  That  all  cloths  of  all  descriptions,  and  all  linens 
of  all  kinds,  and  all  wearing  apparel  of  all  kinds,  having  been 
given  to  any  laundry  which  operates  and  washes  any  cloths, 
linen,  apparel,  or  other  goods  by  city  convict  labor,  shall  before 
sending  the  same  out  to  be  delivered  to  the  owner  mark  or 
stamp  each  and  every  article  with  the  words  “Laundried  in 
the  City  Workhouse  ” in  indelible  ink. 


Ordinances  of  the  City  of  Cincinnati 


93 


Sec.  5.  Any  persons  violating  the  provisions  of  this  ordi- 
nance shall  be  deemed  guilty  of  a misdemeanor,  and  upon 
conviction  thereof  shall  be  fined  not  less  than  ten  dollars  nor 
more  than  one  hundred  dollars,  or  be  imprisoned  not  exceeding 
six  months,  or  both,  at  the  discretion  of  the  court. 

NO.  264.  Passed  February  6,  1899. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati: 

SEC.  1.  That  permission  is  hereby  granted  to  the  Jung 
Brewing  Company  to  construct  and  maintain  a conduit  under 
and  across  Bank  Street,  connecting  the  main  building  of  said 
brewing  company  with  the  addition  to  the  same  on  the  north 
side  of  said  Bank  Street,  and  said  conduit  to  be  used  for  the 
purpose  of  conducting  steam  and  refrigerating  pipes  from  and 
between  said  buildings. 

Sec.  2.  The  conduit  herein  provided  for  shall  not  be  of 
greater  dimensions  than  four  feet  by  five  feet,  shall  be  made 
of  brick,  laid  in  cement  mortar,  with  concrete  bases,  and 
shall  be  constructed  to  the  satisfaction  of  the  Board  of  City 
Affairs. 

No.  578.  Passed  November  26,  1900. 

To  amend  an  ordinance  entitled  “An  ordinance  to  regulate  the  sale 
of  bituminous  and  anthracite  coal  and  coke,  and  to  repeal  certain 
ordinances  passed  March  22,  1880.”* 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati : 

Sec.  1.  That  Section  2 of  an  ordinance  entitled  “An  ordi- 
nance to  regulate  the  sale  of  bituminous  and  anthracite  coal 
and  coke,  and  to  repeal  certain  ordinances,”  passed  March  22, 
1880,  be  amended  so  as  to  read  as  follows  : 

Sec.  2.  Every  dealer  in  coal  or  coke  shall  have  in  his 
employ  a deputy  city  weigher,  or  shall  obtain  certificates  of 
the  weight  of  each  and  every  load  of  coal  or  coke  taken  from 


* See  page  256,  Coppock  and  Hertenstein. 


94 


Ordinances  of  the  City  of  Cincinnati 


said  dealer’s  yard  in  the  manner  provided  for  in  sections  3,  4, 
and  5 hereof.  The  deputy  city  weighers  so  employed  shall 
receive  a license  from  the  auditor  of  the  city  of  Cincinnati, 
who  is  hereby  authorized  to  issue  said  license  on  the  recom- 
mendation of  the  employer  of  said  deputy  city  weigher  and  also 
of  the  mayor  of  the  city  ; said  license  to  be  for  a period  not 
longer  than  one  year,  and  to  be  issued  upon  payment  of  a 
fee  in  the  sum  of  five  dollars,  and  upon  the  giving  of  a 
bond  in  the  amount  of  one  thousand  dollars  to  the  city  of 
Cincinnati — which  bond  shall  be  approved  by  the  city  auditor 
as  to  sufficiency  and  by  the  corporation  counsel  as  to  form, 
and  filed  with  the  city  clerk  — for  the  faithful  performance 
of  the  duties  of  said  deputy  city  weigher,  the  bondsmen  to 
be  other  than  his  employers.  The  duty  of  such  deputy  city 
weigher  shall  be  confined  to  the  weighing  of  coal  at  the  place 
employed. 

Sec.  3.  That  Section  2 of  an  ordinance  to  regulate  the  sale 
of  bituminous  and  anthracite  coal  and  coke,  and  to  repeal 
certain  ordinances  passed  March  22,  1880,  be  and  the  same 
is  hereby  repealed. 

No.  504.  Passed  July  2,  1900. 

Granting-  permission  to  the  P.  Echert  Company  to  construct  a coal 
chute  in  Carter  Alley. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati  : 

SEC.  1.  That  permission  be  hereby  granted  to  the  P.  Echert 
Company  to  construct  a coal  chute  in  Carter  Alley,  in  the  rear 
of  the  premises  of  the  P.  Echert  Company,  known  as  Nos.  27, 
29,  and  31  West  Court  Street.  Said  coal  chute  shall  be  not 
greater  than  five  feet  in  diameter,  extending  from  the  curb  to 
the  center  of  the  alley,  and  running  lengthwise  with  the  alley 
not  more  than  ten  feet.  The  construction  herein  authorized 
shall  be  in  accordance  with  plans  and  of  the  depth  to  be 
approved  by  the  Board  of  Public  Service. 


Ordinances  of  the  City  of  Cincinnati 


95 


No.  11.  Passed  May  11,  1903. 

Repealing-  the  ordinances  creating-  the  office  of  Custodian  of  the 
City  Hall  and  prescribing  his  duties. 

Whereas , The  care  and  control  of  the  City  Hall  is  now 
vested  in  the  Board  of  Public  Service  : Now,  therefore — 

SEC.  1.  Be  it  ordained  by  the  Council  of  the  City  of  Cincin- 
nati, State  of  Ohio , That  the  following  ordinances  be  and  the 
same  are  hereby  repealed  : 

Ordinance  No.  580,  entitled  “An  ordinance  to  amend  an 
ordinance  to  provide  for  the  appointment  of  a superinten- 
dent and  other  employees  of  the  new  City  Hall,”  passed 
July  7,  1893. 

Ordinance  No.  84,  entitled  “An  ordinance  to  amend  Sec- 
tion 3 of  an  ordinance  to  provide  for  the  appointment  of  a 
superintendent  and  other  employees  of  the  new  City  Hall,” 
passed  October  18,  1897. 

Ordinance  No.  500,  entitled  “An  ordinance  to  create  the 
office  of  custodian  of  the  City  Hall  and  repeal  Section  1 of 
ordinance  therein  named,”  passed  July  2,  1900. 

Ordinance  No.  589,  entitled  “An  ordinance  to  amend  Sec- 
tion 3 of  Ordinance  No.  429  entitled  ‘An  ordinance  to  provide 
for  the  appointment  of  a custodian  and  other  employees  of  the 
new  City  Hall,’  ” passed  December  19,  1900. 

No.  604.  Passed  August  11,  1893. 

Making  unlawful  the  employment  as  a private  watchman  or  detec- 
tive of  any  person  who  has  not  been  a year  a resident  of  this 
city  prior  to  appointment  as  such  private  watchman  or  detective, 
and  fixing  a penalty  to  be  inflicted  upon  any  person  acting  as 
such  private  watchman  or  detective  who  has  not  been  a year  a 
resident  of  this  city. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati : 

Sec.  1.  That  it  shall  be  unlawful  for  any  person  to  employ 
any  person  to  act  or  serve  as  a private  watchman  or  detective 
within  the  limits  of  the  city  of  Cincinnati,  unless  said  person 


96 


Ordinances  of  the  City  of  Cincinnati 


so  employed  shall  have  resided  within  said  city  for  at  least  one 
year  prior  to  such  employment. 

SEC.  2.  Any  person  acting  in  the  capacity  of  private  watch- 
man or  detective  who  has  not  been  one  year  a resident  of  this 
city  shall  be  fined  not  less  than  ten  dollars  nor  more  than 
twenty-five  dollars,  at  the  discretion  of  the  court. 

No.  49.  Passed  June  15,  1903. 

Providing-  for  the  commissioning  of  private  policemen. 

Be  it  ordained  by  the  Council  of  the  City  of  Cincinnati , State  of  Ohio : 
Sec.  1.  The  Board  of  Public  Safety  may  commission  private 
policemen,  on  the  application  of  any  person  or  corporation 
who  shows  the  necessity  thereof,  at  the  charge  and  expense  of 
the  person  or  corporation  by  whom  the  application  is  made. 
The  private  policemen  so  appointed  shall  be  subject  to  the 
orders  of  the  mayor  and  chief  of  police,  and  shall  obey  the  rules 
and  regulations  prescribed  by  the  Board  of  Public  Safety.  They 
shall  wear  such  uniform  and  badge  as  provided  by  such  rules 
and  regulations.  They  shall  possess  the  powers  of  the  patrol- 
men in  the  arrest  for  offenses  against  the  laws  of  the  state  and 
ordinances  of  the  city,  and  shall  give  bond  in  the  same  amount. 
No  person  shall  be  so  commissioned  as  such  private  policeman 
who  has  been  dismissed  from  the  regular  police  force  for  a 
period  of  one  year  after  such  dismissal.  Such  commissions 
may  be  revoked  at  any  time. 

T\Jn  940  As  passed  March  25,  1892,  and  amended  as  to  Sections  12  and  15 

AM  V.  by  Nq  gl2)  passed  july  13j  lg94 

To  regulate  and  restrain  dogs  from  running  at  large  in  the  city, 
and  repealing  all  ordinances  in  conflict  therewith. 

Nullified  by  act  of  the  General  Assembly  of  April  19,  1898.  (93  O.  E., 

page  128.) 


Ordinances  of  the  City  of  Cincinnati 


97 


No.  778.  Passed  May  4,  1894. 

To  regulate  the  transportation  of  dangerous  explosives  through  the 
streets  of  this  city. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati : 

SEC.  1.  That  it  shall  be  unlawful  for  any  .person  or  persons 
to  carry  or  transport  through  the  streets  of  this  city  gunpowder, 
giant -powder,  dynamite,  nitro- glycerine,  or  other  dangerous 
explosive  in  any  vehicle  other  than  a vehicle  with  springs, 
and  which  said  vehicle  is  labeled  on  both  sides  thereof  in  large 
letters  with  the  name  of  the  explosive  being  carried  or  trans- 
ported therein. 

SEC.  2.  Any  person  offending  against  any  of  the  provisions 
of  this  ordinance  shall,  on  conviction  thereof  in  the  Police 
Court,  be  fined  in  a sum  not  exceeding  twenty-five  dollars  for 
each  offense. 

No.  4042.  Passed  February  24,  1888, 

Restricting  the  unauthorized  use  and  occupancy  of  the  streets,  alleys, 
lanes,  and  public  grounds  of  the  City  of  Cincinnati  for  the  purpose 
of  conducting,  conveying,  or  distributing  electricity. 

Be  it  ordained  by  the  Common  Council  of  Cincinnati : 

SEC.  1.  That  it  shall  be  unlawful  for  any  person,  company, 
or  corporation  to  enter  upon,  use,  or  appropriate  any  portion 
of  the  streets,  alleys,  lanes,  or  public  grounds  of  the  city  of 
Cincinnati,  for  the  purpose  of  laying,  stringing,  or  maintaining 
any  conduits,  cables,  wires,  or  other  conducting  mediums,  for 
the  purpose  of  transmitting,  conducting,  or  conveying  elec- 
tricity for  light,  power,  or  other  purposes,  either  under,  over, 
or  above  the  surface  of  the  streets,  alleys,  lanes,  and  public 
grounds  of  the  city  of  Cincinnati,  unless  such  person,  company, 
or  corporation  shall  have  first  obtained  authority  to  do  so  by 
an  ordinance  of  the  Common  Council  of  the  city  of  Cincinnati 
permitting  and  authorizing  the  occupancy  of  the  streets,  alleys, 
lanes,  and  public  grounds  of  said  city  for  such  purpose  ; and 


98 


Ordinances  of  the  City  of  Cincinnati 


distinctly  providing  the  manner,  form,  and  extent  of  such 
authorized  occupancy. 

SEC.  2.  Any  person,  or  the  executive  officer  of  any  com- 
pany or  corporation,  violating  any  of  the  provisions  of  this 
ordinance  shall,  upon  conviction  thereof  in  the  Police  Court 
of  the  city  of  Cincinnati,  be  fined  in  a sum  not  less  than  fifty 
dollars  or  more  than  five  hundred  dollars,  together  with  the 
costs  of  prosecution.  Each  day’s  continuance  of  such  use  or 
violation  of  any  of  the  provisions  herein  shall  be  considered  a 
distinct  offense. 

No.  4285.  Passed  October  18,  1889. 

Presenting  terms  and  conditions  under  which  the  business  of  elec- 
trical illumination  may  be  engaged  in  within  the  corporate  limits 
of  the  City  of  Cincinnati  by  any  person,  company,  or  corporation 
securing  permission  by  special  ordinance  to  so  engage. 

Be  it  ordained  by  the  Common  Council  of  Cincuinati : 

That  whenever  permission  is  by  ordinance  granted  to  any 
person,  company,  or  corporation  to  engage  in  the  business  of 
electrical  illumination,  it  shall  be  under  the  following  expressed 
terms  and  conditions. 

The  grant  to  occupy  the  streets,  lanes,  and  public  grounds 
of  the  city  of  Cincinnati  for  the  purpose  of  erecting  and  main- 
taining poles,  masts,  towers,  brackets,  and  supports,  with  the 
necessary  wires  thereon,  shall  be  for  such  period  of  time  as 
Council  shall  determine  at  the  date  of  the  passage  of  any 
special  ordinance. 

No  grant  shall  be  made  to  thus  occupy  the  side  of  any 
street,  lane,  alley,  or  public  place,  whereon  poles,  masts,  towers, 
brackets,  or  supports  have  already  been  erected  for  the  main- 
tenance of  telegraph  or  telephone  wires,  unless  both  sides  of 
said  street,  alley,  lane,  or  public  place  are  already  so  occupied, 
or  upon  any  other  street,  lane,  alley,  or  public  grounds,  in  such 
manner  as  to  interfere  with,  obstruct,  or  inconvenience  any 
person  in  his  or  her  right  to  the  free  use  of  such  streets,  lanes, 
alleys,  etc. 


Ordinances  of  the  City  of  Cincinnati 


99 


And  all  poles,  masts,  towers,  brackets  and  supports,  when- 
ever and  wherever  erected,  shall  be  of  sufficient  height  to  carry 
any  wires  placed  thereon  above  and  clear  of  all  obstructions 
growing  out  of  the  character  of  the  buildings  adjoining  such 
lines,  or  the  nature  of  the  business  carried  on  therein  ; and  in 
no  case  shall  they  be  attached  to  the  eaves  or  roofs  or  tops 
of  houses  without  the  consent  of  the  owner  thereof,  properly 
authenticated  to  the  Board  of  Public  Affairs  ; and  no  poles, 
masts,  towers,  brackets,  or  supports  shall  be  of  less  height 
than  thirty  feet.  And  whenever  it  shall  be  necessary  to  cross 
the  line  of  any  existing  electric-light,  telegraph,  or  telephone 
lines  it  shall  be  at  a distance  of  not  less  than  three  feet  there- 
from, unless  absolutely  necessary,  and  then  only  on  permission 
in  writing  being  granted  by  the  Board  of  Public  Affairs  on  the 
recommendation  of  the  city  electrician. 

That  it  shall  not  be  admissible  to  occupy  any  main  street 
with  such  poles,  masts,  towers,  or  supports  where  it  is  prac- 
ticable to  penetrate  any  district  or  supply  the  occupants  of  any 
one  square  by  erecting  and  maintaining  such  supports  in  the 
alleyways  of  such  city,  or  when  such  occupation  shall  obstruct 
said  alleyways,  then  by  acquiring  the  right  to  occupy  such 
portions  of  private  property  abutting  thereon  as  may  be  neces- 
sary for  the  maintenance  of  such  posts,  masts,  towers,  and 
supports  in  such  manner  as  may  be  determined  by  the  Board 
of  Public  Affairs. 

That  all  such  posts,  masts,  towers,  brackets,  and  supports 
carrying  electric -light  or  power  wires  when  erected  shall  be 
painted  a bright  red,  or  such  other  color  as  the  Board  of  Public 
Affairs  may  determine,  in  order  that  the  character  of  the  wires 
carried  thereon  shall  be  understood. 

All  poles  now  standing  or  hereafter  erected  for  the  support 
of  electric-light  or  power  wires  shall  be  marked  with  the  name 
or  initials  of  the  company  owning  them  at  a point  five  feet  from 
the  ground.  If  a pole  be  used  by  more  than  one  company, 
each  cross-arm,  or  if  necessary  each  wire,  must  be  marked  or 
labeled  so  as  to  indicate  the  owner. 


100 


Ordinances  of  the  City  of  Cincinnati 


That  the  person,  company,  or  corporation  erecting  any  such 
lines  of  poles,  masts,  towers,  or  supports  shall,  upon  the  pay- 
ment to  them  of  a fair  proportion  of  the  original  cost  of  erection 
of  the  portion  to  be  so  occupied  and  possessed,  and  a monthly 
rental  equivalent  to  a fair  proportion  of  the  cost  of  erection  and 
maintenance  of  the  portion  to  be  so  occupied  and  possessed, 
permit  any  other  person,  company,  or  corporation  to  occupy 
and  possess  equal  rights  and  privileges  thereon,  if  said  poles 
have  not  already  a full  complement  of  wires — same  to  be  de- 
termined by  the  city  electrician. 

And  whenever  two  or  more  persons,  companies,  or  corpo- 
rations are  supplying  or  propose  to  supply  electricity  for  any 
purpose  whatsoever  within  the  same  territory,  they  shall  be 
required  to  jointly  use  and  occupy  the  same  poles,  masts, 
towers,  or  supports  upon  the  conditions  hereinbefore  recited  ; 
and  no  wires  or  electrical  conductors  of  any  character  or  kind 
shall  be  maintained  in  any  other  manner  than  that  herein 
provided. 

The  exact  location  and  the  erection  of  all  poles,  masts, 
towers,  or  supports  proposed  to  be  erected  by  any  persons, 
company,  or  corporation  shall  be  subject  to  the  approval  of 
the  Board  of  Public  Affairs,  which  shall  have  the  right  to  order 
and  enforce  a change  of  location  of  any  poles,  masts,  towers, 
or  supports.  And  the  occupation  of  any  new  streets  hereafter 
opened  shall  be  upon  a plan  to  be  submitted  by  said  persons, 
company,  or  corporation,  and  approved  by  the  Board  of  Public 
Affairs. 

And  whenever  it  may  become  necessary  to  string  wires  or 
electrical  conductors  to  any  point  not  on  the  main  line,  and 
where  it  is  impracticable  to  erect  and  maintain  the  posts,  masts, 
towers,  or  supports  required  herein,  the  same  shall  be  done  only 
upon  special  permission  being  granted  by  the  Board  of  Public 
Affairs,  upon  a plan  approved  by  the  chief  engineer  of  said 
board,  and  which  plan  and  approval  shall  be  filed  with  said 
application. 

Any  ordinance  granting  authority  to  any  person,  company, 


Ordinances  of  the  City  of  Cincinnati 


101 


or  corporation  to  go  into  operation  under  the  provisions  of  this 
general  ordinance  shall  distinctly  specify  and  indicate  the  maxi- 
mum price  at  which  electricity  is  to  be  supplied  to  public  and 
private  consumers  for  either  lighting  or  power  purposes. 

All  conducting  wires,  excepting  trolley- wires  for  electric 
railways,  must  be  covered  with  a durable  weather-proof  insu- 
lation, embracing  not  less  than  two  coatings.  Permits  to  string 
wires  will  be  granted  only  after  the  approval  of  samples  sub- 
mitted to  the  electrician  or  the  board,  and  no  other  wires  than 
those  thus  approved  by  samples  may  be  strung. 

Where  wires  enter  a building  they  must  be  incased  in  con- 
tinuous pieces  of  hard  insulating  tubing,  so  inclined  as  to  oppose 
the  entrance  of  water,  and  the  outer  end  of  this  tubing  must  be 
sealed  with  some  plastic  insulating  material  in  such  manner  as 
to  exclude  all  moisture. 

In  running  along  walls  all  wires  shall  be  rigidly  attached 
to  the  same  by  non-conducting  fastenings,  and  shall  not  hang 
from  projecting  insulators  in  loose  loops  ; all  arc-light  wires 
shall  be  placed  at  not  less  than  one  foot  and  all  incandescent- 
light  wires  at  not  less  than  six  inches  apart,  and  whenever  they 
approach  any  conducting  body  capable  of  furnishing  a ground 
connection  they  must  be  rigidly  secured  and  separated  from  the 
same  by  some  approved  non-conductor.  The  distribution  of 
electricity  by  the  alternating  or  transformer  system  shall  be 
under  the  supervising  control  of  the  Board  of  Public  Affairs, 
and  all  companies  using  said  system  shall  conform  strictly  to 
all  requirements  of  said  board. 

The  use  of  porcelain  knobs  as  insulators  on  the  outside  of 
buildings  is  prohibited,  except  in  dry  places,  where  an  approved 
special  insulation  must  be  used  on  the  wires. 

Wires  must  not  be  so  placed  as  to  render  it  easily  possible 
for  water  to  form  a cross-connection  between  them.  Wires 
must  be  fastened  to  insulated  supports  by  insulated  tie-wires. 
The  use  of  iron  tie- wires  is  prohibited.  All  tie- wires  must 
have  an  insulation  equal  to  that  of  the  conducting  wires. 

All  joints  in  wires  must  be  secured  by  making  from  five  to 


102 


Ordinances  of  the  City  of  Cincinnati 


seven  turns  on  each  side  of  cross,  or  by  using  an  improved 
metallic  sleeve.  All  joints  must  be  insulated  with  not  less 
than  four  layers  of  durable  waterproof  tape,  and  then  covered 
with  friction  tape,  which  shall  be  fastened  with  a few  turns 
of  small  insulated  copper  wire. 

Wires  must  be  tightly  stretched,  and  never  allowed  to  sag 
to  such  an  extent  as  to  be  capable  of  coming  into  swing- 
ing contact  with  each  other,  with  signs  or  other  neighboring 
objects.  The  spacing  of  poles  should  be  so  determined  as  to 
facilitate  the  observance  of  this  rule. 

Overhead  wires,  between  which  there  is  a difference  of 
potential,  must  not  be  less  than  one  foot  apart,  and  must 
swing  clear  of  foreign  contact  between  their  insulated  sup- 
ports. No  electric-light  or  power  wires  on  cross-arms  shall 
be  less  than  one  foot  distant  from  the  pole  or  other  central 
support. 

Wires  over  roofs  must  be  at  least  seven  feet  above  flat  roofs 
at  the  point  of  lowest  sag,  and  one  foot  above  the  ridge  of 
other  roofs. 

Service  wires  must  run  horizontally  from  street  mains  to 
buildings,  except  on  special  permission  granted  by  the  Board 
of  Public  Affairs  on  the  recommendation  of  the  electrician. 

Where  angles  occur  in  a line,  subjecting  the  supports  to 
increased  strain,  guard-irons  must  be  placed  at  the  outer  ends 
of  cross-arms.  Guard -wires  must  also  be  placed  wherever 
their  presence  would  prevent  telephone,  telegraph,  or  other 
wires  from  coming  into  accidental  contact  with  electric-light 
wires.  The  cost  of  such  guard-irons  and  guard-wires  shall  be 
borne  by  the  person  or  company  making  the  last  construction. 

All  guy -wires,  whether  run  by  telegraph,  telephone,  or 
electric  - light  companies,  must  be  kept  at  a distance  of  not 
less  than  six  inches  from  electric  - light  wires,  or  otherwise 
be  thoroughly  insulated  at  points  in  danger  of  contact  with 
such  wires. 

Wires  for  arc  lighting  must  enter  and  leave  a building 
through  a suitable  and  approved  cut-out  switch,  which  is  to 


Ordinances  of  the  City  of  Cincinnati 


103 


be  placed  on  the  building  or  neighboring  pole  in  a position 
easily  accessible  to  police,  firemen,  and  inspector. 

Arc  lamps  must  be  so  placed  as  to  leave  a clear  space  of 
not  less  than  nine  feet  between  lamp  and  the  sidewalk. 

All  wires  must  be  so  strung  as  to  leave  a clear  space  of  not 
less  than  twenty  feet  at  the  point  of  lowest  sag  between  the 
wire  and  the  surface  of  the  sidewalk  or  street. 

All  circuits  must  be  provided  with  some  approved  device 
for  declaring  or  detecting  ground  connections.  Tests  for 
grounds  must  be  made  at  least  three  times  each  day.  When 
a ground  connection  occurs  it  must  be  found  and  remedied 
without  delay. 

The  insulation  resistance  on  all  circuits  must  be  maintained 
at  a standard  approved  by  the  consulting  electrician  of  the 
Board  of  Public  Affairs,  and  every  facility  for  testing  circuits 
shall  be  accorded  said  electrician  and  his  assistant. 

Loops,  wires,  and  poles  no  longer  in  use,  and  of  which  there 
is  no  immediate  prospect  of  further  use,  shall  be  removed. 

Immediately  after  the  erection  of  any  wiring  or  other  out- 
door construction  for  electric  light  or  power,  the  company  or 
person  erecting  the  same  shall  notify  the  city  inspector  of 
electric  constructions  or  the  Board  of  Public  Affairs  that  said 
work  is  ready  for  inspection,  and  no  use  shall  be  made  of  such 
wiring  or  its  appurtenances  for  the  purposes  aforesaid  until 
approved  by  the  inspector. 

Every  lineman  and  lampman  must  wear  a badge  in  plain 
sight,  indicating  his  number  and  the  company  or  person  by 
whom  he  is  employed,  and  in  case  of  fire  this  badge  shall  serve 
as  a pass  to  admit  the  wearer  within  the  fire-lines. 

The  fire  department  of  the  city  shall  erect  in  the  station 
of  every  electric-light  or  power  company,  at  the  latter’s  ex- 
pense, a suitable  gong  connecting  with  the  fire-lines,  by  which 
shall  be  indicated  the  location  of  all  fires.  On  the  occurrence 
of  a fire  in  any  district  in  which  any  company  has  wires,  such 
company  shall  forthwith  send  a man  prepared  to  remove  wires 
under  the  direction  of  the  fire  department. 


104 


Ordinances  of  the  City  of  Cincinnati 


Any  and  all  persons,  companies,  or  corporations  operating 
under  this  ordinance  shall  be  required  to  adopt  the  most 
modern  and  approved  devices  for  the  protection  of  users  of 
electric  light  against  injury  to  persons  or  property,  and  shall 
be  held  responsible  for  any  damages,  whether  to  life  or  prop- 
erty, which  may  result  from  the  construction,  maintenance, 
or  operation  of  their  plant,  and  shall  hold  the  city  harmless 
from  any  liability  for  damage  done  to  life  or  property. 

Any  person,  company,  or  corporation  organized  or  continuing 
in  operation  after  the  passage  of  this  ordinance  shall,  whenever 
directed  so  to  do  by  the  Board  of  Public  Affairs,  carry  all  wires 
through  underground  conduits,  and  shall  hold  the  city  harmless 
in  the  matter  of  any  claims  for  damages  on  account  of  being 
required  to  so  carry  wires  underground,  and  where  the  light  is 
carried  to  posts,  towers,  or  brackets,  shall  do  so  through  tubes 
to  within  six  inches  of  where  the  light  is  exposed. 

Any  grant  made  under  the  provisions  of  this  ordinance 
shall  not  be  transferable  by  sale  of  stock  or  otherwise  until 
the  company  goes  into  operation  as  herein  provided,  and  any 
person,  company,  or  corporation  which  does  not  personally  or 
through  their  own  agents  go  into  operation  within  six  months 
after  being  authorized  so  to  do,  and  be  prepared  to  supply  at 
least  fifty  arc  or  five  hundred  incandescent  lights  (and  those 
furnishing  power  only  shall  be  prepared  to  furnish  one  hundred 
horse  power)  within  six  months,  shall  forfeit  all  the  rights  and 
privileges  previously  acquired. 

Any  person,  company,  or  corporation  desiring  to  engage 
in  the  business  of  lighting  by  electricity  under  the  provisions 
of  this  general  ordinance  shall,  as  a condition  precedent  to  the 
consideration  of  such  application,  execute  a good  and  sufficient 
bond  in  the  sum  of  fifty  thousand  dollars,  conditioned  to  carry 
out  and  faithfully  execute  all  the  provisions  contained  in  this 
ordinance,  and  also  conditioned  to  save  the  city  harmless  from 
any  liability  accruing  through  injury  to  life  or  property  in 
the  construction,  maintenance,  and  operation  of  said  business; 
and  further,  that  they  will  promptly  pay  to  the  treasurer 


Ordinances  of  the  City  of  Cincinnati 


105 


of  the  city  of  Cincinnati,  on  the  first  days  of  January,  April, 
July,  and  October  of  each  year,  the  sum  of  one  half  of  one 
per  cent  on  the  gross  receipts  from  every  source,  either  directly 
or  indirectly  connected  with  the  supply  of  electricity  for  either 
light  or  power  purposes.  Said  bond  shall  be  approved  by  the 
solicitor  as  to  form  and  by  the  Board  of  Public  Affairs  as  to 
sufficiency. 

The  quarterly  payments  of  one  half  of  one  per  cent  of  gross 
receipts  shall  be  paid  into  the  city  treasury  and  placed  to  the 
credit  of  the  street-repairing  fund. 

Any  person,  company,  or  corporation  desiring  to  operate 
under  the  provisions  of  this  ordinance  shall  first  deposit  with 
the  city  treasurer  a sum  sufficient,  in  the  judgment  of  the  Board 
of  Public  Affairs,  to  defray  the  cost  of  restoring  the  pavements 
removed  to  their  former  condition. 

Poles  must  not  be  deposited  on  the  street  more  than  two 
days  previous  to  their  erection. 

A violation  of  any  of  the  conditions  of  this  ordinance,  or 
refusal  on  the  part  of  any  company  or  person  to  make  such 
alterations  and  repairs  in  their  present  or  future  constructions 
as  may  be  demanded  in  conformity  with  the  provisions  of  this 
ordinance,  shall  be  deemed  a misdemeanor,  and  on  conviction 
thereof  in  the  Police  Court  of  the  city  of  Cincinnati  shall  be 
fined  in  a sum  not  less  than  one  hundred  nor  more  than  five 
hundred  dollars  for  the  first  offense,  and  for  a second  offense 
shall  be  fined  not  less  than  one  hundred  nor  more  than  five 
hundred  dollars,  and  imprisoned  at  the  City  Workhouse  not 
longer  than  sixty  days,  or  both,  at  the  discretion  of  the  court. 
Such  violation  shall  also  operate  ipso  facto  as  a revocation  of 
all  permits,  rights,  and  franchises  granted  to  the  company  or 
person  held  guilty  of  such  violation  or  refusal. 

The  Board  of  Public  Affairs  shall  be  clothed  with  police 
authority  to  enforce  any  of  the  provisions  of  this  ordinance, 
and  shall  be  authorized  in  case  of  a persistent  and  continuous 
violation  of  the  requirements  of  this  ordinance,  and  in  cases 
of  dangerous  necessity  said  board  is  authorized  to  instruct  the 


106 


Ordinances  of  the  City  of  Cincinnati 


police  or  its  inspector  to  cut  out  lights  or  to  cut  out  the  current 
in  the  locality  concerned,  and  to  enforce  the  discontinuance 
of  all  rights  until  the  provisions  of  this  ordinance  are  com- 
plied with. 

All  interior  wiring  shall  comply  with  and  conform  to  the 
rules  and  requirements  of  the  Underwriters’  Association  of 
Cincinnati. 

NO.  4344.*  Passed  March  5,  1890. 

Accepting-  the  bid  of  the  Brush  Electric  Lig-ht  Company  of  Cincin- 
nati, Ohio,  for  lig-hting-  streets,  alleys,  avenues,  parks,  and  public 
places  and  ways  of  the  City  of  Cincinnati  with  electric  lig-ht. 

Be  it  ordained  by  the  Common  Council  of  Cincinnati  : 

Sec.  1.  That  the  bid  of  the  Brush  Electric  Eight  Company 
of  Cincinnati,  Ohio,  for  lighting  the  streets,  alleys,  avenues, 
parks,  and  public  places  and  ways  of  the  city  of  Cincinnati  with 
electric  light  for  the  sum  of  fifty-nine  dollars  and  ninety-eight 
cents  per  lamp  per  year,  said  bid  being  opened  on  December  16, 
1889,  by  the  committee  on  light,  be  and  the  same  is  hereby 
accepted,  and  contract  for  lighting  said  city  as  aforesaid  is 
hereby  awarded  to  the  said  the  Brush  Electric  Eight  Company 
of  Cincinnati,  Ohio. 

Sec.  2.  The  Board  of  Public  Affairs  is  hereby  authorized 
to  contract  with  the  said  company  in  accordance  with  said  bid, 
and  in  accordance  with  the  specifications  and  ordinances  under 
which  said  bid  was  made,  received,  and  opened,  for  the  time 
and  in  the  manner  provided  in  said  specifications. 


*This  became  void  through  a decision  of  the  Superior  Court,  which 
held  that  the  Board  of  Aldermen  had  rejected  the  bid  in  once  indefinitely- 
postponing  the  ordinance.  The  action  of  that  board  in  subsequently  re- 
considering and  passing  the  ordinance  was  not  regarded  by  the  court  as 
a legal  step. 


Ordinances  of  the  City  of  Cincinnati 


107 


NO.  256.  Passed  May  13,  1892. 

Accepting-  the  hid  of  the  Cincinnati  Edison  Electric  Company  of 
Cincinnati,  Ohio,  for  lig-hting-  by  electricity  the  streets,  alleys, 
lands,  lanes,  squares,  and  public  places  of  the  City  of  Cincinnati, 
and  granting-  a franchise  for  electric  lig-hting-  and  power  purposes, 
as  provided  for  in  the  specifications  under  which  said  bid  was 
received. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati: 

SEC.  1.  That  the  bid*  of  the  Cincinnati  Edison  Electric 
Company  for  lighting  by  electricity  the  streets,  alleys,  lands, 
lanes,  squares,  and  public  places  of  the  city  of  Cincinnati,  said 
bid  being  opened  on  April  12,  1892,  by  the  committee  on  light 
of  the  Board  of  Legislation,  be  and  the  same  is  hereby  accepted, 
and  the  contract  for  lighting  said  city  as  aforesaid  is  hereby 
awarded  to  the  said  the  Cincinnati  Edison  Electric  Company 
of  Cincinnati,  Ohio. 

Sec.  2.  The  Board  of  Administration  is  hereby  authorized 
and  directed  to  contract  with  the  said  company  in  accordance 
with  said  bid,  and  in  accordance  with  the  specifications  under 
which  said  bid  was  made,  received,  and  opened,  for  the  time 
and  in  the  manner  provided  in  said  specifications. 

Sec.  3.  A franchise  is  hereby  granted  to  said  Cincinnati 
Edison  Electric  Company  to  construct  and  maintain,  during 
the  term  of  twenty  years  from  the  date  of  the  passage  of  this 
ordinance  accepting  their  said  bid,  lines  for  conducting  elec- 
tricity for  power,  light,  and  general  electrical  purposes  through 
the  streets,  alleys,  lands,  lanes,  squares,  and  public  places  of 
the  city  of  Cincinnati,  and  to  erect  and  maintain  all  neces- 
sary, fixtures,  poles,  posts,  towers,  and  abutments  necessary  to 
enable  said  Cincinnati  Edison  Electric  Company  to  furnish 
electricity  for  commercial  light,  power,  and  general  purposes, 
as  provided  in  said  specifications,  under  which  the  said  bid 
of  said  Company  was  made,  and  subject  to  all  the  restrictions 
therein  contained. 


* Eighty-four  dollars  and  ninety  cents  ($84.90)  per  lamp  per  year. 


108 


Ordinances  of  the  City  of  Cincinnati 


No.  453.  Passed  February  3,  1893. 

Directing:  the  Board  of  Administration  to  discontinue  g:as  - lighting: 
and  other  lighting  in  the  territory  lighted  by  electricity  under 
the  contract  with  the  Cincinnati  Edison  Electric  Company. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati: 

SEC.  1.  That  whenever  any  street,  alley,  land,  lane,  square, 
or  public  place  in  this  city  is  lighted  by  electricity  under  the 
contract  entered  into  with  the  Cincinnati  Edison  Electric  Com- 
pany on  the  31st  day  of  May,  1892,  all  other  lighting  at  the 
expense  of  the  city  of  such  street,  alley,  land,  lane,  square, 
or  public  place  in  proximity  to  electric  lights  erected  by  said 
company  shall  be  discontinued.  It  shall  be  the  duty  of  the 
Board  of  Administration  to  notify  all  other  persons  or  compa- 
nies furnishing  gas,  gasoline,  or  electric  lighting  at  the  expense 
of  the  city  of  the  passage  of  this  ordinance,  and  also  notify  them 
from  time  to  time  to  discontinue  such  lighting  at  any  place 
whenever  any  electric  light  is  furnished  in  its  proximity  under 
said  contract  with  the  Cincinnati  Edison  Electric  Company ; 
and  as  nearly  as  practicable  all  other  public  lighting  within  a 
distance  of  three  hundred  feet  shall  be  discontinued. 


A RESOLUTION.  Passed  December  12,  1890. 

To  light  Gilbert  Avenue  from  its  intersection  with  East  Court  Street 
to  McMillan  Street. 

Be  it  resolved  by  the  City  Council  of  Cincinnati : 

That  the  Board  of  City  Affairs  be  and  it  is  hereby  author- 
ized and  directed  to  contract  for  the  lighting  by  electricity  of 
Gilbert  Avenue,  from  its  intersection  with  East  Court  Street 
to  McMillan  Street. 


Ordinances  of  the  City  of  Cincinnati 


109 


A RESOLUTION.  Passed  August  3,  1894. 

Making-  certain  chang-es  in  the  electric-lighting  districts. 

Be  it  resolved  by  the  Board  of  Legislation  of  Cincinnati  : 

That  the  lighting  districts  heretofore  established  by  the 
Board  of  Legislation  be  changed  in  the  following  particulars, 
to-wit : 

1.  The  lamp  located  at  the  intersection  of  Windsor  Street 
and  Park  Avenue  is  hereby  transferred  from  the  Sixth  District 
to  the  Gilbert-avenne  and  Eden-park  District. 

2.  Court  Street,  between  Broadway  and  the  south  end  of 
Gilbert  Avenue,  is  hereby  transferred  from  the  Sixth  District 
to  the  Gilbert-avenue  and  Eden-park  District. 

3.  The  lamp  located  at  the  intersection  of  Eighth  Street 
and  Glen  way  Avenue  is  hereby  transferred  from  the  Ninth 
District  to  the  Second  District. 

No.  516.  Passed  April  28,  1893. 

Directing-  the  Cincinnati  Edison  Electric  Light  Company  to  light 
with  electricity  Eden  Park,  and  Gilbert  Avenue  from  Court 
Street  to  McMillan  Street,  and  Windsor  Street  from  Gilbert 
Avenue  to  Kemper  Lane. 

Whereas , Eden  Park,  and  Gilbert  Avenue  from  Court  Street 
to  McMillan  Street,  and  Windsor  Street  from  Gilbert  Avenue 
to  Kemper  Lane,  are  now  being  lighted  with  electricity  at  a 
cost  of  one  hundred  and  forty-four  dollars  per  year  by  the  Brush 
Electric  Light  Company;  and  whereas  there  is  an  existing 
contract  between  the  city  and  the  Cincinnati  Edison  Electric 
Light  Company  for  such  electric  lighting  at  eighty-four  dollars 
and  ninety  cents  per  annum  : Therefore  be  it  ordained  by  the 
Board  of  Legislation  of  Cincinnati  : 

Sec.  1.  That  it  is  deemed  necessary  by  the  said  board  that 
said  Eden  Park,  and  said  Gilbert  Avenue  from  Court  Street  to 
McMillan  Street,  and  Windsor  Street  from  Gilbert  Avenue  to 
Kemper  Lane,  be  lighted  by  electricity  under  the  said  contract 
with  the  said  Cincinnati  Edison  Electric  Light  Company;  and 


110 


Ordinances  of  the  City  of  Cincinnati 


the  said  the  Cincinnati  Edison  Electric  Eight  Company  is 
hereby  directed,  under  the  supervision  of  the  Board  of  Admin- 
istration, to  place  electric-light  lamps  in  Eden  Park,  and  on 
Gilbert  Avenue  from  Court  Street  to  McMillan  Street,  and 
on  Windsor  Street  from  Gilbert  Avenue  to  Kemper  Eane,  and 
to  supply  electric  light  thereto,  in  accordance  with  the  terms 
of  said  contract  and  specifications  between  said  company  and 
the  city  of  Cincinnati. 

SEC.  2.  And  the  Board  of  Administration  is  hereby  author- 
ized and  directed  to  terminate  the  lighting  of  said  park  and  of 
said  streets  by  the  said  Brush  Electric  Eight  Company. 

NO.  608.  Passed  August  11,  1893. 

Designating-  the  territory  to  be  lighted  with  electricity  by  the  Cin- 
cinnati Edison  Electric  Company  under  the  existing  contract, 
and  to  be  known  as  the  Second  District. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati: 

Sec.  1.  That  the  Cincinnati  Edison  Electric  Company  be 
and  is  hereby  directed  to  light  with  electricity,  under  the 
supervision  of  the  Board  of  Administration  and  in  accordance 
with  the  terms  of  the  existing  contract,  within  ninety  days 
from  the  passage  of  this  ordinance,  the  streets,  lands,  lanes, 
squares,  and  public  places  of  the  city  of  Cincinnati  included 
within  the  following  territory,  to  be  known  as  the  Second 
District,  viz.:  Between  the  Ohio  River  on  the  south,  Central 

Avenue  on  the  east,  Eighth  Street  on  the  north,  and  State 
Avenue  on  the  west. 

Sec.  2.  The  Board  of  Administration  is  hereby  authorized 
and  directed  to  terminate  the  lighting  of  any  or  all  streets  in 
said  Second  District  now  being  lighted  by  gas,  gasoline,  or 
electricity  by  any  other  party,  company,  or  corporation. 


Ordinances  of  the  City  of  Cincinnati 


111 


No.  647.  Passed  September  29,  1893. 

Designating  the  territory  to  be  lighted  with  electricity  by  the  Cin- 
cinnati Edison  Electric  Company  under  the  existing  contract, 
to  be  known  as  the  Third,  Fourth,  Fifth,  Sixth,  Seventh,  Eighth, 
and  Ninth  Districts. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati : 

SEC.  1.  That  the  Cincinnati  Edison  Electric  Company  be 
and  it  is  hereby  directed  to  light  with  electricity,  under  the 
supervision  of  the  Board  of  Administration  and  in  accordance 
with  the  terms  of  the  existing  contract,  within  three  months 
from  the  passage  of  this  ordinance,  the  streets,  lands,  lanes, 
squares,  and  public  places  of  the  city  of  Cincinnati  included 
within  the  following  territory,  to  be  known  as  the  Third 
District,  viz. : Between  Court  Street  on  the  south  ; Central 
Avenue  on  the  west;  Findlay  Street,  McMicken  Avenue  and 
Liberty  Street  on  the  north  ; Hunt  Street  and  Broadway  on 
the  east. 

And  within  six  months  from  the  passage  of  this  ordinance 
the  streets,  lands,  lanes,  squares,  and  public  places  of  said  city 
included  within  the  following  territory,  to  be  known  as  the 
Fourth  District,  viz.  : Between  Eighth  Street  on  the  south, 
Freeman  Avenue  on  the  west,  Central  Avenue  on  the  north, 
and  Central  Avenue  on  the  east. 

And  within  nine  months  from  the  passage  of  this  ordinance 
the  streets,  lands,  lanes,  squares,  and  public  places  of  the  city 
of  Cincinnati  included  within  the  following  territory,  to  be 
known  as  the  Fifth  District,  viz.:  Between  Liberty  Street  and 
McMicken  Avenue  on  the  south,  Browne  Street  on  the  west, 
corporation  line  on  the  north,  and  Hunt  Street  on  the  east. 

And  within  twelve  months  from  the  passage  of  this  ordi- 
nance the  streets,  lands,  lanes,  squares,  and  public  places  of 
said  city  included  within  the  following  territory,  to  be  known 
as  the  Sixth  District,  viz.  : Between  the  Ohio  River  on  the 

south  ; Eggleston  Avenue,  Broadway  and  Hunt  Street  on  the 
west ; corporation  line  on  the  north  ; Woodburn  Avenue  on 
the  east. 


112 


Ordinances  of  the  City  of  Cincinnati 


And  within  fifteen  months  from  the  passage  of  this  ordi- 
nance the  streets,  lands,  lanes,  squares,  and  public  places  of 
said  city  included  within  the  following  territory,  to  be  known 
as  the  Seventh  District,  viz.  : Between  the  Ohio  River  on  the 
south,  Woodburn  Avenue  on  the  west,  corporation  line  on  the 
north,  corporation  line  on  the  east. 

And  within  eighteen  months  from  the  passage  of  this  ordi- 
nance the  streets,  lands,  lanes,  squares,  and  public  places  of 
said  city  included  within  the  following  territory,  to  be  known 
as  the  Eighth  District,  viz.  : Between  Harrison  Avenue  and 
Central  Avenue  on  the  south,  corporation  line  on  the  west, 
corporation  line  on  the  north,  and  Browne  Street  on  the  east. 

And  within  twenty-one  months  from  the  passage  of  this 
ordinance  the  streets,  lands,  lanes,  squares,  and  public  places 
of  said  city  included  within  the  following  territory,  to  be 
known  as  the  Ninth  District,  viz.  : Between  the  Ohio  River  on 
the  south,  corporation  line  on  the  west,  Harrison  Avenue  on 
the  north,  Freeman  and  State  avenues  on  the  east. 

SEC.  2.  The  Board  of  Administration  of  said  city  is  hereby 
ordered,  upon  the  lighting  of  any  of  said  districts  by  electricity, 
to  discontinue  the  lighting  of  said  district  with  gas,  gasoline,  or 
other  material. 

No.  679.  Passed  November  17,  1893. 

Granting-  to  the  Cincinnati  Gas  Light  and  Coke  Company  the  right 
to  occupy  the  public  ways  and  grounds  of  the  City  of  Cincinnati 
for  the  purpose  of  supplying  electricity  for  public  and  private 
purposes. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati: 

SEC.  1 . That  the  Cincinnati  Gas  Eight  and  Coke  Company 
be  and  it  is  hereby  authorized  and  empowered,  for  a period  of 
twenty-five  years  from  and  after  the  passage  of  this  ordinance, 
and  thereafter  until  the  same  shall  be  purchased  by  the  city 
of  Cincinnati  as  hereinafter  provided,  to  acquire,  construct, 
erect,  maintain,  and  operate  in  and  upon  the  streets,  avenues, 
and  public  ways  and  grounds  of  the  city  of  Cincinnati  the 


Ordinances  of  the  City  of  Cincinnati 


113 


conduits,  poles,  wires,  and  electrical  appliances  necessary  to  the 
business  of  supplying  the  city  of  Cincinnati  and  its  inhab- 
itants with  electricity  for  any  and  all  purposes  at  a maximum 
price,  during  the  ten  years  next  ensuing,  of  twenty  cents  per 
one  thousand  watts,  and  in  all  other  respects  agreeably  to  and 
in  conformity  with  the  conditions  and  provisions  of  general 
ordinance  No.  4285,  passed  October  18,  1889. 

SEC.  2.  If  at  any  time  during  the  said  period  of  twenty- 
five  years  or  thereafter  the  city  of  Cincinnati  shall  elect  to 
purchase  the  works,  distributing  plant,  and  other  property 
and  assets  of  the  Cincinnati  Gas  Light  and  Coke  Company, 
as  provided  for  under  the  ordinance  entitled  “An  ordinance 
to  provide  for  lighting  the  city  of  Cincinnati  with  gas,”  passed 
June  16,  1841,  said  city  shall  have  the  privilege  of  purchasing, 
in  the  same  manner  and  form,  the  entire  electrical  generating 
and  distributing  plant,  with  its  buildings,  machinery,  lines, 
structures,  and  electrical  appliances  used  by  said  company  for 
supplying  the  city  and  its  citizens  with  electric  light,  heat, 
and  power. 

No.  732.  Passed  January  26,  1894. 

Prescribing-  the  terms  and  conditions  under  which  the  business  of  tele- 
phone, telegraph,  burglar- alarm,  fire-alarm,  district  messenger, 
and  signaling  purposes  may  be  engaged  in  within  the  corporate 
limits  of  the  City  of  Cincinnati  by  any  person,  company,  or  corpo- 
ration securing  permission  by  special  ordinance  so  to  engage,  and 
to  repeal  Ordinance  No.  683,  passed  November  17,  1893. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati : 

Whenever  permission  is  by  ordinance  granted  to  any  person, 
company,  or  corporation  to  engage  in  the  business  of  telephone, 
telegraph,  burglar -alarm,  fire-alarm,  district  messenger,  and 
signaling  purposes,  it  shall  be  under  the  following  expressed 
terms  and  conditions. 

Sec.  1.  A grant  to  occupy  the  streets,  lanes,  and  public 
grounds  of  the  city  of  Cincinnati  for  the  purpose  of  erecting 
and  maintaining  poles,  wires,  fixtures,  brackets,  and  supports 
for  the  necessary  wires  thereon  shall  be  for  such  period  of 


114 


Ordinances  of  the  City  of  Cincinnati 


time  as  the  Board  of  Legislation  shall  determine  at  the  date 
of  the  passage  of  any  special  ordinance. 

Sec.  2.  No  excavation  or  hole  shall  be  made  in  any  street, 
alley,  or  public  place  for  the  purpose  of  erecting  poles  or  fixtures 
for  supporting  telephone,  telegraph,  messenger-call,  burglar- 
alarm,  or  signaling  wires  without  first  obtaining  a permit, 
issued  under  authority  of  the  Board  of  Administration  by  the 
city  electrician,  approved  by  the  city  engineer. 

SEC.  3.  No  pole  or  fixtures  shall  be  erected  in  any  street, 
alley,  or  public  place  until  it  has  been  inspected  by  the  city 
electrician  and  approved  by  the  Board  of  Administration. 

SEC.  4.  All  wires  other  than  those  used  for  electric-light 
and  power  purposes  strung  over  house  - tops  must  be  tagged 
with  suitable  tags,  to  be  approved  by  the  Board  of  Administra- 
tion, in  such  a manner  that  it  will  be  impossible  to  remove  the 
tags  without  destroying  them  or  the  fixture  to  which  they  are 
attached,  plainly  marked  with  name  of  owner  thereon. 

SEC.  5.  When  a line  is  so  long  that  its  destination  can  not 
be  plainly  seen  from  the  point  of  tagging,  an  additional  tag 
must  be  placed  on  the  wire  to  facilitate  tracing. 

Sec.  6.  All  wires  put  up  after  the  passage  of  this  ordinance 
other  than  those  used  for  electric-light  and  power  purposes  are 
to  be  put  up  so  as  not  to  hang  lower  than  thirty  feet  from  the 
ground. 

SEC.  7.  No  guy-  or  stay-wire  shall  be  put  up  so  as  to  come 
nearer  than  ten  feet  from  the  ground. 

SEC.  8.  Poles  to  be  of  uniform  height,  and  wires  to  be 
kept  of  uniform  height  along  the  street  or  in  running  to 
buildings. 

Sec.  9.  Wires  of  one  company  running  along  the  streets 
or  over  buildings  must  not  be  nearer  than  three  inches  for 
insulated  and  six  inches  for  bare  wire  to  the  wires  of  another 
company  using  wires  of  the  same  character. 

Sec.  10.  All  wires  strung  over  house-tops  must  not  be 
attached  to  fixtures  carrying  electric-light  or  power  wires,  and 
must  be  at  least  eighteen  inches  from  all  such  wires. 


Ordinances  of  the  City  of  Cincinnati 


115 


SEC.  11.  All  wires  must  be  securely  fastened,  stretched 
tightly,  and  attached  to  insulators  with  a tie  of  the  same  kind 
of  wire. 

SEC.  12.  No  poles  or  fixtures  on  streets  or  fixtures  on 
house-tops  must  be  erected  or  allowed  to  remain,  except  such 
as  are  absolutely  necessary  for  the  maintenance  and  safety  of 
the  wires. 

SEC.  IB.  Whenever  any  wires  cross  an  electric  street-railway 
trolley-wire,  special  care  must  be  taken  that  the  wires  and 
fastenings  each  side  of  the  crossing  are  of  such  strength,  size, 
and  material,  and  that  the  wire  is  fastened  in  such  a manner, 
as  to  leave  no  liability  of  the  wire  coming  down  or  getting  in 
contact  with  the  trolley-wires. 

Sec.  14.  All  wires  running  to  buildings  are  to  be  removed 
at  the  time  of  their  disuse  as  far  as  the  first  pole  or  fixture  to 
which  they  are  attached. 

Sec.  15.  All  dead  or  disused  poles,  wires,  fixtures,  etc., 
must  be  removed  from  streets  or  house  - tops  within  fifteen 
days  after  they  are  dead  or  abandoned,  except  where  it 
is  positively  known  that  they  are  to  be  used  again  within 
ninety  days. 

Sec.  16.  All  wires  on  house-tops  not  tagged,  after  the 
expiration  of  ninety  days  after  the  passage  of  this  ordinance, 
will  be  considered  dead  and  abandoned,  and  will  be  ordered 
taken  down. 

Sec.  17.  All  guy-  or  stay-wires  must  be  removed  the  same 
as  dead  wires  when  they  become  unnecessary  for  the  mainte- 
nance of  the  lines.  Under  no  circumstances  are  wires  with 
loose  ends  to  be  left  hanging  from  any  pole,  fixture,  building, 
or  other  object. 

SEC.  18.  Any  person,  company,  or  firm  making  any  altera- 
tions, additions,  or  extensions  to  poles,  wires,  or  fixtures  shall 
quarterly  file  with  the  Board  of  Administration  a statement 
and  plan  showing  the  nature  and  locality  of  such  alterations, 
additions,  or  extensions. 

Sec.  19.  Within  ninety  days  after  the  publication  of  this 


116 


Ordinances  of  the  City  of  Cincinnati 


ordinance  complete  plans  and  maps  of  each  and  every  route, 
showing  all  wires,  poles,  pole -lines,  and  fixtures  used  for 
fire-  and  burglar  - alarm, ' messenger- call,  and  signaling  pur- 
poses, shall  be  filed  with  the  city  electrician  by  the  person  or 
company  operating  such  route,  and  no  change  shall  be  made 
in  such  wires,  poles,  or  fixtures  without  a permit  therefor  from 
the  Board  of  Administration,  as  set  forth  in  Section  1. 

SEC.  20.  The  Board  of  Administration  reserves  the  right 
to  order  all  wires  of  this  class  in  the  general  subway  when  said 
subway  is  built. 

SEC.  21.  Any  existing  companies  at  the  time  of  the  passage 
of  this  ordinance,  upon  filing  a written  acceptance  of  the  same 
with  the  Board  of  Legislation  and  complying  therewith,  shall 
receive  from  said  board  a license  to  transact  its  business  for  a 
period  of  twenty-five  years  from  date. 

SEC.  22.  Each  person,  company,  or  corporation  receiving 
a grant  under  the  provisions  of  this  ordinance  shall  be  required 
to  pay  into  the  city  treasury  quarterly,  on  the  first  day  of 
January,  April,  July,  and  October  in  each  and  every  year,  for 
said  lieense  and  franchise  a sum  equal  to  one  dollar  a mile  per 
annum  on  all  wires  run  over  house-tops  or  on  poles  in  the 
streets  and  alleys  of  said  city  north  of  Liberty  Street,  extended 
east  and  west  to  city  limits  ; two  dollars  a mile  per  annum 
south  of  Liberty  Street,  extended  east  and  west  to  city  limits, 
to  Eighth  Street,  extended  east  and  west  to  city  limits  ; four 
dollars  a mile  per  annum  south  of  Eighth  Street,  extended  east 
and  west  to  city  limits,  to  Second  Street,  extended  east  and 
west  to  city  limits  ; and  two  dollars  a mile  per  annum  south 
of  Second  Street,  extended  east  and  west  to  city  limits,  to 
Ohio  River. 

Sec.  23.  Any  person  removing  or  attempting  to  remove, 
or  destroying  or  attempting  to  destroy,  the  tagging  of  wires 
as  provided  for  herein,  or  interfering  therewith,  except  in  the 
regular  performance  of  duties  as  employees  of  the  company 
owning  such  wire,  shall  be  deemed  guilty  of  a misdemeanor, 
and  on  conviction  thereof  shall  be  fined  in  any  sum  not  exceed- 


Ordinances  of  the  City  of  Cincinnati 


117 


ing  fifty  dollars,  or  imprisoned  in  the  Workhouse  not  exceeding 
thirty  days,  or  both  fined  and  imprisoned. 

SEC.  24.  The  ordinance  passed  November  17, 1893,  entitled 
“An  ordinance,  No.  683,  prescribing  the  terms  and  conditions 
under  which  the  business  of  telephone,  telegraph,  burglar- 
alarm,  fire-alarm,  district  messenger,  and  signaling  purposes 
may  be  engaged  in  within  the  corporate  limits  of  the  city  of 
Cincinnati  by  any  person,  company,  or  corporation  securing 
permission  by  special  ordinance  so  to  engage,”  be  and  the 
same  is  hereby  repealed. 

No.  1160.  Passed  January  25,  1897. 

To  detach  from  the  Sixth  Electric-lighting-  District  the  lighting  of 
the  Kenton-street  Bridge,  and  to  order  the  lighting  of  said  bridge 
by  electricity. 

Whereas , The  city  of  Cincinnati  recently  constructed  a 
bridge  npon  Kenton  Street,  which  street  is  located  within  the 
Sixth  Lighting  District  for  electricity ; and 

Whereas , There  was  created  by  ordinance  a lighting  district 
for  the  east  side  of  Gilbert  Avenue,  Eden  Park,  and  Windsor 
Street,  which  said  district  lies  to  the  east  of  the  Sixth  District 
and  to  the  east  of  the  Kenton-street  bridge ; and 

Whereas , It  is  desirable  to  light  the  approaches  to  said 
bridge  with  electricity : Therefore  be  it  ordained  by  the  Board 
of  Legislation  of  Cincinnati : 

Sec.  1.  That  so  much  of  Kenton  Street  upon  which  is 
located  the  bridge  recently  constructed  by  the  city  of  Cincinnati 
be  and  the  same  is  hereby  detached  from  the  Sixth  Lighting 
District,-  and  that  the  same  be  attached  to  the  lighting  district 
composed  of  the  east  side  of  Gilbert  Avenue,  Eden  Park,  and 
Windsor  Street. 

SEC.  2.  That  the  Cincinnati  Edison  Electric  Company, 
which  has  entered  into  a contract  with  the  city  of  Cincinnati 
to  light  the  city,  according  to  districts  as  the  Board  of  Legis- 
lation may  establish,  at  $84.90  per  lamp,  be  and  the  same  is 


118 


Ordinances  of  the  City  of  Cincinnati 


hereby  ordered  to  light  said  bridge  by  locating  a light  at  each 
approach,  and  that  the  same  be  done  immediately  upon  the 
passage  of  this  ordinance. 


No.  237.  Passed  October  24,  1898. 

Repealing-  certain  portions  of  an  ordinance  entitled  “An  ordinance, 
No.  647,  desig-nating-  the  territory  to  be  lig-hted  with  electricity 
by  the  Cincinnati  Edison  Electric  Company  under  the  existing- 
contract,  to  be  known  as  the  Third,  Fourth,  Fifth,  Sixth,  Seventh, 
Eig-hth,  and  Ninth  Districts. 


Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati: 

Sec.  1.  That  whereas  the  Cincinnati  Edison  Electric 
Company  has  failed  to  light  the  Seventh,  Eighth,  and  Ninth 
districts  mentioned  in  the  ordinance  herein  referred  to,  there- 
fore those  portions  of  the  ordinance  entitled  “An  ordinance, 
No.  647,  designating  the  territory  to  be  lighted  with  electricity 
by  the  Cincinnati  Edison  Electric  Company  under  the  exist- 
ing contract,  to  be  known  as  the  Third,  Fourth,  Fifth,  Sixth, 
Seventh,  Eighth,  and  Ninth  districts,”  passed  September  29, 
1893,  which  designates  certain  territory  therein  described  as 
the  Seventh  District,  Eighth  District,  and  Ninth  District,  and 
the  direction  therein  given  said  company  to  light  said  districts, 
or  any  of  them,  with  electricity,  be  and  the  same  are  hereby 
repealed.* 


'*'111  the  case  of  the  City  against  the  B.  C.  A.  and  the  Cincinnati  Edison 
Electric  Company,  No.  115,877  H.  C.  P.,  it  was  held  that  the  company  was 
not  guilty  of  neglect  in  failing  to  light  the  Seventh,  Eighth,  and  Ninth 
districts,  and  the  cause  was  dismissed.  The  City  failing  to  further  prose- 
cute, the  cause  was  carried  to  the  Circuit  Court  (Case  No.  3122)  by  A.  H. 
Pugh  and  other  taxpayers,  and  on  behalf  of  the  City,  who  claimed  that 
Ordinance  No.  237  repealed  said  districts,  and  prayed  to  have  the  lighting 
of  them  enjoined,  and  also  claimed  the  light  contract  was  void;  but  the 
court,  holding  that  the  City  was  in  the  wrong  in  delaying  its  objections  to 
the  performance  of  the  contract,  and  that  the  said  Ordinance  No.  237  was  an 
unauthorized  interference  with  the  contract,  dismissed  the  cause  for  want 
of  equity,  and  refused  to  consider  the  points  of  the  plaintiffs. 


119 


Ordinances  of  the  City  of  Cincinnati 


No.  161.  Passed  April  4,  1898. 

To  provide  for  the  lighting-  of  certain  territory  of  the  City  of  Cin- 
cinnati with  electricity,  and  to  annex  said  territory  to  the  Third 
and  Fourth  Electric-lighting  Districts. 

Whereas , In  ordinances  of  the  Board  of  Legislation  of  the 
city  of  Cincinnati,  heretofore  passed,  designating  territory  to  be 
lighted  with  electricity  by  the  Cincinnati  Edison  Electric  Com- 
pany under  the  contract  between  said  city  and  said  company, 
the  strip  of  territory  bounded  by  Findlay  Street,  Central  Avenue, 
McMicken  Avenue,  and  Colerain  Avenue  has  been  omitted  from 
all  the  electric-lighting  districts  contiguous  thereto ; and 

Whereas , There  has  been  presented  to  this  board  a petition 
from  citizens  residing  or  conducting  business  or  manufacturing 
within  that  territory,  asking  for  lighting  therefor  with  elec- 
tricity: Therefore  be  it  ordained  by  the  Board  of  Legislation 
of  Cincinnati  : 

SEC.  1.  That  the  Cincinnati  Edison  Electric  Company  is 
hereby  directed  to  light  with  electricity,  under  the  terms  of 
its  contract  with  the  city  of  Cincinnati,  the  territory  bounded 
by  Findlay  Street  on  the  south  and  southeast,  McMicken 
Avenue  on  the  north  and  northeast,  Central  and  Colerain 
avenues  on  the  southwest  and  south,  and  McMicken  Avenue 
on  the  west. 

Sec.  2.  That  the  territory  bounded  on  the  south  and  south- 
east by  Findlay  Street,  on  the  northeast  and  north  by  McMicken 
Avenue,  on  the  west  and  northwest  by  the  bridge  over  Miami 
and  Erie  Canal  known  as  “Mohawk  Bridge,”  and  on  the  south- 
west and  south  by  Central  Avenue,  is  hereby  annexed  to  the 
territory  known  as  the  Third  Electric-lighting  District ; and 
the  territory  bounded  on  the  southeast  by  said  bridge,  on  the 
north  and  northeast  and  on  the  west  by  McMicken  Avenue,  and 
on  the  south  and  southwest  by  Central  Avenue  and  Colerain 
Avenue,  is  hereby  annexed  to  the  territory  known  as  the  Fourth 
Electric-lighting  District. 


120 


Ordinances  of  tlie  City  of  Cincinnati 


No.  204.  Passed  July  5,  1898. 

Granting1  to  the  Cincinnati  Edison  Electric  Company  the  right  to 
build  and  maintain  a room  or  vault  under  Charles  Street. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati : 

SEC.  1.  That  the  right  to  construct  and  maintain  a room  or 
vault  under  the  roadway  of  Charles  Street  be  and  the  same  is 
hereby  granted  to  the  Cincinnati  Edison  Electric  Company ; 
subject,  however,  to  the  following  conditions : 

The  said  room  or  vault  shall  be  located  on  the  south  side 
of  Charles  Street,  near  Plum  Street.  The  length  .shall  not  ex- 
ceed seventeen  feet  along  the  street,  and  the  width  shall  not 
exceed  eight  feet,  measured  out  from  the  south  curb  of  Charles 
Street.  The  said  room  or  vault  shall  be  inclosed  by  substantial 
retaining- walls,  and  shall  be  substantially  covered  with  steel 
and  concrete  for  the  support  of  the  street  pavement.  The 
portion  of  the  street  disturbed  by  reason  of  the  work  shall  be 
restored  by  said  company,  and  maintained  in  good  condition  by 
said  company  during  the  existence  of  this  grant;  any  water-, 
gas-,  or  sewer-pipes  running  through  said  room  or  vault  shall 
be  properly  supported  and  protected  by  said  company.  Should 
the  said  room  or  vault  be  abandoned  at  any  time  by  said  com- 
pany, the  excavation  shall  be  solidly  filled  with  earth  or  concrete, 
and  the  street  restored  in  a substantial  manner  by  said  company. 
All  work  connected  with  the  building,  maintaining,  or  aban- 
doning of  said  room  or  vault  shall  be  done  by  said  company 
under  the  direction  and  to  the  satisfaction  of  the  Board  of  City 
Affairs  of  Cincinnati  or  its  successors. 

All  expense  incident  to  the  construction  and  maintenance 
of  said  room  or  vault  shall  be  borne  by  said  company,  and  said 
company  shall  hold  the  said  city  of  Cincinnati  harmless  from 
any  damage  growing  out  of  the  injuries  to  any  person  or  any 
property  of  any  action  in  pursuance  of  this  ordinance. 


Ordinances  of  the  City  of  Cincinnati 


121 


No.  542.*  Passed  September  17,  1900. 

Granting-  to  the  Cincinnati  Edison  Electric  Company  the  rig-ht, 
privilege,  and  franchise  of  laying  conduits  for  electrical  pur- 
poses in,  under,  and  through  the  streets,  avenues,  alleys,  lands, 
lanes,  squares,  and  public  places  of  the  City  of  Cincinnati. 

Whereas , On  the  12th  day  of  May,  1900,  the  Cincinnati 
Edison  Electric  Company  made  application  in  due  form  to  the 
Board  of  Public  Service  of  the  city  of  Cincinnati  for  permission 
to  open  certain  streets,  etc.,  of  said  city,  and  to  lay  therein 
underground  conduits  for  electric  wires,  as  in  said  application 
more  fully  set  forth,  under  and  in  accordance  with  a decree  of 
the  Probate  Court  of  Hamilton  County,  Ohio,  made  and  entered 
on  the  4th  day  of  April,  1890,  in  the  case  wherein  the  Edison 
General  Electric  Company  was  plaintiff  and  the  City  of  Cincin- 
nati, Ohio,  was  defendant,  and  numbered  on  the  docket  of  said 
court  as  case  No.  4601 ; the  rights  acquired  by  said  decree 
having  been  transferred  and  assigned  by  said  the  Edison 
General  Electric  Company  to  said  the  Cincinnati  Edison  Elec- 
tric Company  ; and 

Whereas , Said  Board  of  Public  Service  have  expressed  a 
doubt  as  to  the  right  of  the  Cincinnati  Edison  Electric  Com- 
pany to  lay  additional  conduits  under  said  decree  by  reason 
of  certain  amendments  of  the  Revised  Statutes  of  Ohio  since 
said  decree  was  made,  and  on  that  account  have  refused  to 
grant  said  permission  : 

Now)  therefore , in  order  to  remove  any  doubt  which  may 
exist  as  to  the  right  of  said  the  Cincinnati  Edison  Electric 
Company  to  lay  and  maintain  its  conduits  for  electric  wires 
in  the  streets,  alleys,  and  public  places  of  Cincinnati,  and  in 
order  to  confirm  all  the  rights  and  franchises  acquired  by  said 
the  Cincinnati  Edison  Electric  Company  under  the  statutes 
of  Ohio  and  by  virtue  of  said  decree  of  said  Probate  Court,  be 
it  ordained  by  the  Board  of  Legislation  of  Cincinnati : 

SEC.  1.  That  there  is  hereby  granted  to  the  Cincinnati 
Edison  Electric  Company,  a corporation  under  the  laws  of 


* Acceptance  of  this  ordinance  filed  October  2,  1900. 


122 


Ordinances  of  the  City  of  Cincinnati 


Ohio,  its  successors  and  assigns,  the  right,  privilege,  and 
franchise  of  laying,  constructing,  maintaining,  and  operating 
conduits,  feeders,  tubes,  pipes,  connection  boxes,  junction 
boxes,  manholes,  and  all  fixtures  and  electrical  appliances 
necessary  and  incident  to  the  maintenance  and  operation  of  a 
complete  underground  conduit  system  in,  under,  and  through 
the  streets,  avenues,  alleys,  lands,  lanes,  squares,  and  public 
places  of  the  city  of  Cincinnati,  and  of  any  territory  which 
may  be  hereafter  added  thereto,  in  the  manner  and  mode 
prescribed  in  said  decree  for  the  purpose  of  supplying  elec- 
tricity to  said  city  and  its  inhabitants  for  light,  heat,  power, 
and  all  other  purposes  for  which  the  electric  current  may 
be  used. 

Sec.  2.  All  work  done  by  virtue  hereof  shall  be  under  the 
supervision  and  subject  to  the  approval  of  the  Board  of  Public 
Service,  and  in  all  respects  subject  to  the  provisions  and  con- 
ditions, in  so  far  as  they  are  applicable,  of  general  ordinance 
No.  4285,  passed  October  18,  1889. 

No.  543.  * Passed  September  17,  1900. 

Granting-  the  Cincinnati  Edison  Electric  Company,  its  successors 
and  assigns,  the  right,  privilege,  and  franchise  of  constructing, 
maintaining,  and  operating  lines,  poles,  wires,  and  other  neces- 
sary fixtures  and  electrical  appliances  in,  upon,  and  through 
the  streets,  avenues,  alleys,  and  other  public  places  of  the  City 
of  Cincinnati. 

Whereas , The  Cincinnati  Edison  Electric  Company,  a cor- 
poration under  the  laws  of  Ohio,  made  application  in  due  form 
to  the  Board  of  Public  Service  of  the  city  of  Cincinnati  for  a 
permit  to  erect  poles  and  string  wires  under  the  franchise 
granted  to  said  the  Cincinnati  Edison  Electric  Company,  under 
and  by  virtue  of  ordinances  No.  248  and  No.  256,  passed  respec- 
tively on  May  6,  1892,  and  May  13,  1892,  in  and  upon  certain 
streets  and  avenues  of  said  city  in  said  application  particularly 
set  forth,  which  streets  and  avenues  are  in  territory — to-wit, 


* Acceptance  of  this  ordinance  filed  October  2,  1900. 


Ordinances  of  the  City  of  Cincinnati  123 


what  was  formerly  known  as  the  village  of  Avondale — annexed 
to  the  city  of  Cincinnati  since  said  franchise  was  granted  as 
aforesaid  ; and 

Whereas , Said  Board  of  Public  Service  has  expressed  a 
doubt  as  to  the  right  of  said  the  Cincinnati  Edison  Electric 
Company  to  erect  poles  and  string  wires  and  otherwise  exercise 
its  franchise  for  commercial  electrical  purposes  in  any  part  of 
said  city  which  has  been  annexed  thereto  since  said  franchise 
was  granted  as  aforesaid,  and  which  is  outside  of  the  present 
public  electric-lighting  districts,  and  did  for  that  reason  refuse, 
and  still  refuses,  to  grant  the  permit  so  applied  for  as  aforesaid 
to  erect  poles  and  string  wires  for  commercial  lighting  purposes 
in  the  streets,  avenues,  etc.,  in  said  annexed  territory  : 

Now,  therefore , in  order  to  remove  any  doubt  which  may 
exist  as  to  the  right  of  said  the  Cincinnati  Edison  Electric 
Company  to  erect  its  poles,  string  its  wires,  and  furnish  the 
electric  current  for  commercial  lighting,  heating,  and  power 
purposes  throughout  the  entire  city  of  Cincinnati,  be  it  ordained 
by  the  Board  of  Legislation  of  Cincinnati  : 

Sec.  1.  That  there  is  hereby  granted  to  the  Cincinnati 
Edison  Electric  Company,  a corporation  under  the  laws  of 
Ohio,  its  successors  and  assigns,  the  right,  privilege,  and  fran- 
chise of  constructing,  maintaining,  and  operating  lines,  poles, 
wires,  posts,  and  other  necessary  fixtures  and  electrical  appli- 
ances in,  upon,  and  through  the  streets,  alleys,  lands,  lanes, 
squares,  and  public  places  of  the  city  of  Cincinnati  as  now 
constituted,  and  any  territory  hereafter  annexed  thereto,  for 
distributing  and  furnishing  the  electric  current  to  said  city 
and  its  inhabitants  for  light,  heat,  and  power,  and  all  other 
electrical  purposes.  This  franchise  is  subject,  however,  to  all 
the  conditions,  provisions,  and  limitations  of  said  ordinances 
No.  248  and  No.  256,  and  also  general  ordinance  No.  4285, 
passed  October  18,  1889. 


124 


Ordinances  of  the  City  of  Cincinnati 


A RESOLUTION  Passed  May  27,  1901. 

Recognizing-  rights  of  the  Cincinnati  Gas  and  Electric  Company. 

Whereas , The  Cincinnati  Gas  Eight  and  Coke  Company, 
a corporation  duly  organized  under  the  laws  of  Ohio  and  doing 
business  in  the  city  of  Cincinnati,  having,  under  the  authority 
conferred  by  the  provisions  of  Section  3238 a,  changed  its  cor- 
porate name  and  title  to  that  of  the  Cincinnati  Gas  and  Electric 
Company  ; and 

Whereas , The  said  the  Cincinnati  Gas  and  Electric  Com- 
pany having,  under  the  authority  conferred  by  the  provisions 
of  Section  3550 a,  acquired  the  stock,  rights,  franchises,  and 
property  interests  of  the  Cincinnati  Edison  Electric  Company, 
the  Jones  Brothers  Electric  Company,  the  Brush  Electric 
Eight  Company,  the  First  Cincinnati  Edison  Electric  Illu- 
minating Company,  the  Queen  - City  Electric  Company,  and 
the  Hauss  Electric  Eight  and  Power  Company  : Now,  there- 
fore, be  it 

Resolved , That  the  city  of  Cincinnati,  through  its  Board 
of  Legislation,  hereby  approves  of  and  assents  to  such  sale 
and  transfer,  and  recognizes  and  accepts  the  said  the  Cincinnati 
Gas  and  Electric  Company  as  the  successor  to  all  the  rights, 
franchises,  and  obligations  of  either  or  all  of  said  constituent 
companies  ; conditioned,  however,  that  the  said  the  Cincinnati 
Gas  and  Electric  Company  shall  file  with  the  city  clerk  a good 
and  sufficient  bond,*  in  the  penal  sum  of  one  hundred  thou- 
sand dollars,  conditioned  that  it  will  assume  and  carry  out  in 
good  faith  any  and  all  agreements,  obligations,  and  contracts 
heretofore  entered  into  by  and  between  either  of  the  aforesaid 
companies  and  the  city  of  Cincinnati. 


*The  required  bond  was  filed  with  the  city  clerk  May  31,  1901. 


Ordinances  of  the  City  of  Cincinnati 


125 


SPECIFICATIONS  for  lighting-  by  electricity  the  streets,  lands,  lanes, 
squares,  and  public  places  of  the  City  of  Cincinnati,  adopted  by  the 
Board  of  Legislation  June  10,  1901.  These  specifications  are  for  bids  to 
be  opened  July  19,  1901,  for  a contract  for  ten  years  from  June  1,  1902. 
In  previous  compilations  have  appeared  the  specifications  under  which 
the  Cincinnati  Edison  Electric  Company  has  operated,  and  under  which 
the  Cincinnati  Gas  and  Electric  Company  is  now  operating. 

Bids  will  be  received  for  the  public  lighting  only  of 
the  streets,  lands,  lanes,  squares,  and  public  places  of  the 
city  of  Cincinnati  with  electricity  under  the  following  con- 
ditions : 

1.  As  a condition  precedent  to  the  opening  of  any  propo- 
sals for  electric  lighting  under  these  specifications,  any  party 
desiring  the  consideration  of  his  bid  shall  at  the  time  of 
depositing  such  bid  deposit  with  the  city  clerk  a “certificate 
of  deposit” — not  certified  check  — of  any  reputable  bank  in 
the  city  of  Cincinnati  showing  a deposit  of  the  sum  of  $100,000 
to  the  credit  of  the  city  of  Cincinnati  for  the  use  and  benefit 
of  said  city,  and  no  bid  shall  be  opened  or  considered  which 
is  not  accompanied  by  the  certificate  of  the  city  clerk  that 
said  deposit  has  been  made  within  the  time  specified.  Such 
deposit,  so  made,  being  with  the  distinct  understanding  and 
agreement  that  in  case  the  party  so  depositing  be  awarded  a 
contract  in  strict  accordance  with  the  provisions  of  these  speci- 
fications, when  such  contract  is  executed  by  said  bidder,  and 
a bond  given  as  required  by  these  specifications,  with  sureties 
satisfactory  to  the  city,  and  the  contract  and  bond  approved 
by  the  officers  of  the  city  empowered  so  to  approve,  then 
said  deposit  or  certificate  shall  be  returned  to  the  bidder ; but 
in  case  such  award  is  made  to  the  party  so  depositing,  and 
such  party  for  a period  of  thirty  days  neglects  or  refuses  to 
enter  into  a contract  on  the  basis  of  these  specifications,  then 
in  such  case  the  money  so  deposited  shall  pass  to  and  become 
the  property  of  the  city  of  Cincinnati,  not  by  way  of  penalty, 
but  as  a consideration  for  the  loss  of  time  and  expense  incurred 
by  the  city  in  consequence  of  such  failure  to  consummate  and 
execute  the  contract  thus  awarded ; and  the  city  treasurer  of 


126 


Ordinances  of  the  City  of  Cincinnati 


the  city  of  Cincinnati  shall  thereupon  indorse  such  certificate 
of  deposit,  and  collect  the  money  represented  by  such  certifi- 
cate, and  pay  the  same  into  the  city  treasury.  The  certificates 
of  deposit  made  by  unsuccessful  bidders  under  these  specifica- 
tions shall  be  returned  to  them  immediately  upon  the  awarding 
of  the  contract  to  the  party  who  shall  make  the  successful  bid) 
or  upon  the  rejection  of  all  bids. 

All  labor,  apparatus,  lamp-posts,  cables,  wires,  arc  lamps, 
fixtures,  fittings,  connections,  carbons,  globes,  and  appurte- 
nances of  any  and  every  description  necessary  for  the  lighting 
of  the  streets,  etc.,  by  electricity  under  these  specifications 
shall  be  furnished  by  and  at  the  expense  of  the  contractor,  as 
also  for  all  electric  current  and  labor  of  every  description  for 
supplying  said  lamps  with  electricity,  and  for  maintenance  and 
repairs  of  every  kind.  All  construction,  supply  of  current, 
carbons,  globes,  lighting,  extinguishing  and  keeping  in  repair, 
and  labor  shall  be  done  at  the  expense  of  the  contractor,  the 
intent  and  meaning  of  these  specifications  being  that  the  city 
shall  be  at  no  expense  at  any  time  beyond  the  sums  provided 
to  be  paid  in  the  contract  as  drawn  in  conformity  with  these 
specifications. 

2.  The  period  for  which  the  contract  with  the  city  of 
Cincinnati  shall  be  awarded  for  electric  lighting  under  these 
specifications  shall  be  a period  of  ten  years  from  and  after  the 
expiration  of  the  existing  contract,  June  1,  1902. 

3.  Any  award  so  made  to  any  such  party  shall  be  absolutely 
unassignable,  either  by  sale,  transfer,  or  partnership  arrange- 
ment, except  by  and  with  the  consent  of  the  Board  of  Legis- 
lation and  Board  of  Public  Service,  but  must  be  carried  out 
and  be  continuously  operated  by  and  for  the  benefit  of  the 
party  to  whom  said  award  is  made  ; and  if  at  any  time  it 
can  be  shown  that  there  has,  either  directly  or  indirectly, 
been  any  transfer,  or  that  the  party  to  whom  such  contract 
was  awarded  is  not  directly  or  indirectly  carrying  the  same 
out  in  good  faith,  and  receiving  all  the  benefits  and  bearing 
all  the  responsibilities  of  such  operation,  the  consent  of  the 


Ordinances  of  the  City  of  Cincinnati 


127 


Board  of  Legislation  and  Board  of  Public  Service  not  having 
been  given,  then  the  contract  shall  cease  and  determine,  and 
become  null  and  void;  and  if  so  voided,  the  Board  of  Legis- 
lation may  proceed  at  once  to  advertise  for  proposals  for  a new 
contract,  and  order  suit  to  be  commenced  for  damages  for  the 
breach  of  said  contract. 

4.  The  territory  to  be  lighted  by  the  contractor  under  these 
specifications  shall  be  the  city  of  Cincinnati  as  its  limits  are 
now,  or  as  they  may  hereafter  be  extended  during  the  life  of 
this  contract.  This  territory  shall  be  divided  into  two  districts, 
to  be  known  as  the  “Underground  District”  and  the  “Over- 
head District,”  respectively. 

5.  The  “Underground  District”  shall  be  the  territory  in- 
cluded within  the  following  boundaries : Eggleston  Avenue 
from  East  Third  Street  to  Broadway,  Broadway  to  Liberty 
Street,  Liberty  Street  to  Freeman  Avenue,  Freeman  Avenue 
to  Seventh  Street,  Seventh  Street  to  Bay  miller  Street,  Bay- 
miller  Street  to  Fourth  Street,  Fourth  Street  to  Smith  Street, 
Smith  Street  to  Third  Street,  and  Third  Street  to  Eggleston 
Avenue.  Within  this  “Underground  District”  all  lighting  of 
all  streets,  lanes,  lands,  and  public  parks,  squares,  and  places 
shall  be  supplied  by  and  through  underground  electric  wires, 
as  herein  provided. 

6.  The  “ Overhead  District  ” shall  be  the  entire  city  of 
Cincinnati  as  it  is  now,  or  as  it  may  hereafter  be  enlarged  or 
extended,  remaining  outside  of  the  “Underground  District” 
as  above  described,  except  that  the  city  shall  have  the  right, 
at  its  option,  to  continue  the  present  incandescent  lighting  by 
means  of  gas  in  the  suburban  territory  known  as  Avondale 
and  Clifton ; also  the  present  lighting  by  means  of  electricity 
of  that  portion  of  the  suburban  territory  known  as  the  village 
of  Linwood  by  the  water  department  of  the  city ; also  such 
lighting  by  means  of  gas  of  Wards  1,  2,  26,  27,  28,  29,  and  30 
as  the  Board  of  Legislation  may  from  time  to  time  determine ; 
as  also  to  continue  to  light  by  gasoline  the  territory  at  present 
lighted,  or  that  may  be  lighted  under  any  new  contract  made 


128 


Ordinances  of  the  City  of  Cincinnati 


by  the  city  for  such  gasoline  lighting  in  the  territory  now  so 
lighted. 

In  the  “Overhead  District”  all  lighting  of  all  streets,  lands, 
lanes,  and  public  parks,  squares,  and  places  shall  be  supplied 
by  overhead  wires,  which  overhead  wires  shall  be  of  the 
kind  known  as  having  triple-braid  weather-proof  insulation. 
Samples  of  this  wire  proposed  to  be  used  must  be  submitted 
to  the  Board  of  Public  Service,  and  must  be  of  standard  quality, 
according  to  the  state  of  the  art  at  the  time  said  wire  shall  be 
or  was  purchased  and  erected  for  service. 

At  any  time  during  the  existence  of  this  contract  the 
successful  bidder  shall  have  the  privilege  of  supplying  all  or 
any  portion  of  the  public  lamps  within  the  herein  designated 
“Overhead  District”  by  means  of  underground  wires,  and  in 
the  event  such  change  is  made  he  shall  be  entitled  to  charge 
and  receive  for  such  service  the  prices  awarded  and  paid  for 
similar  service  in  the  “Underground  District.” 

Should  the  city  or  other  legal  authority  at  any  time  order 
the  electric -light  wires  placed  underground  beyond  the  limit 
of  the  “Underground  District”  as  herein  designated,  the  con- 
tractor shall  thereupon  change  from  overhead  to  underground 
service  all  lamps  in  such  extended  district.  All  lamps  so 
changed  shall  thereafter  be  paid  for  by  the  city  at  the  rate 
covered  by  the  contract  for  lamps  in  the  “Underground  Dis- 
trict”; and  in  addition  the  contractor  shall  receive  a further 
sum,  to  be  agreed  upon  by  the  city  and  contractor,  in  advance 
of  the  work  being  done,  to  cover  the  expense  imposed  on 
the  contractor  because  of  the  necessary  reconstruction  of  the 
lighting  system. 

7.  The  lighting  of  streets,  lanes,  lands,  parks,  squares,  and 
public  places  under  the  contract  shall  be  by  means  of  electric 
arc  lights  of  the  inclosed  type,  in  which  the  carbons  are  partly 
inclosed  by  and  consumed  within  a close-fitting  small  glass 
globe.  This  small  inclosing  globe  shall  be  of  opal  or  opales- 
cent glass,  in  order  to  secure  a more  perfect  diffusion  of  the 
light,  and  at  the  same  time  to  remove  the  glare  of  the  electric 


Ordinances  of  the  City  of  Cincinnati 


129 


arc.  This  inclosing  globe  and  the  lower  frame  of  the  lamps 
must  be  inclosed  in  or  surrounded  by  a larger  protecting  globe 
of  clear  glass.  If  thought  desirable,  opal  or  opalescent  glass 
may  be  required  by  the  Board  of  Public  Service  for  this  outer 
globe  also,  and  without  extra  cost  to  the  city,  provided  said 
outer  globes  are  ordered  at  the  time  the  lamps  to  be  furnished 
with  said  opal  outer  globes  are  ordered  to  be  erected.  Imme- 
diately above  these  large  outer  globes  shall  be  placed  metal 
reflectors,  so  designed  as  to  intersect  and  to  reflect  to  the 
street  much  of  the  light  that  would  otherwise  be  lost  in  space. 
These  reflectors  shall  be  of  iron  or  other  durable  metal,  shall 
be  not  less  than  twenty  inches  in  diameter,  shall  be  of  slightly 
concave  form  on  their  reflecting  surface,  and  shall  have  a white 
enameled  finish  on  the  under  or  reflecting  surface,  and  be 
painted  of  some  dark  color  on  top.  The  arc  lamps  used  shall 
give  a steady,  brilliant,  diffused  light,  free  from  shadows  under 
the  lamp,  or  from  shadows  cast  by  the  flame  of  the  lamp,  and 
shall  consume  energy  and  conform  to  the  conditions  following  : 
All  arc  lamps  shall  use  an  amount  of  electrical  energy  repre- 
sented by  a flow  of  four  amperes  of  current,  under  a difference 
of  potential  of  not  less  than  seventy-five  volts  per  lamp,  as 
measured  at  the  generating  station  or  at  any  substation  from 
which  said  lighting  circuits  may  be  operated,  and  all  such 
lamps  shall  be  supplied  with  current  through  series  circuits, 
unless  consent  to  change  to  other  form  of  circuits  shall  be 
granted  by  the  city,  through  proper  action  of  the  Board  of 
Public  Service.  All  series-  circuits  shall  be  supplied  with 
alternating  current  by  constant  current  transformers,  which 
will  automatically  keep  the  amount  of  current  in  the  circuit 
and  the  candle  power  of  the  lamps  constant,  and  which  will 
insulate  the  street-lighting  circuits  from  each  other  and  from 
the  source  of  supply  at  the  generating  station,  thereby  giving 
protection  from  possible  grounds  or  other  electrical  troubles. 

It  is  hereby  expressly  agreed,  however,  that  the  bidder  may, 
at  his  option,  supply  current  to  all  lamps  in  the  “Underground 
District  ” from  constant  potential  circuits,  and  use  lamps  suit- 


130 


Ordinances  of  the  City  of  Cincinnati 


able  for  constant  potential  service.  All  such  lamps,  however, 
must  use  at  least  three  and  one  fourth  amperes  of  current,  at 
a difference  of  potential  of  at  least  one  hundred  volts,  and  con- 
sume not  less  than  three  hundred  and  fifty  watts,  measured  at 
the  terminals  of  the  lamp. 

8.  In  the  “ Underground  District  ” all  lamps  shall  receive 
their  supply  of  electrical  energy  from  underground  wires,  which 
shall  be  placed  beneath  the  surface  of  the  street  in  a system 
of  tubes,  ducts,  or  conduits  built  in  accordance  with  the  most 
modern  and  best  accepted  practice,  in  order  that  constant  and 
uninterrupted  service  may  be  assured. 

A permit  for  the  construction,  maintenance,  and  operation 
of  such  underground  and  overhead  systems  for  street-lighting 
service  only  will  be  granted  the  successful  bidder  for  the  term 
of  the  contract.  The  successful  bidder  shall  be  given  nine 
months  after  the  award  of  the  contract  to  construct  and  com- 
plete such  underground  system,  and  if  not  so  completed  by 
reason  of  any  cause  beyond  the  control  of  the  contractor, 
which  shall  prove  satisfactory  to  the  Board  of  Public  Service, 
the  contractor  will  be  permitted  to  light  any  uncompleted  por- 
tion of  the  “ Underground  District  ” temporarily  by  an  over- 
head construction  beyond  June  1,1902,  equivalent  to  the  number 
of  days  of  unavoidable  delay  occasioned  the  contractor  in  com- 
pleting the  underground  system,  the  same  to  be  determined  by 
the  Board  of  Public  Service  as  aforesaid.  In  such  “Under- 
ground District”  all  lamps  shall  be  suspended  from  iron  poles 
or  posts,  the  tops  of  which  shall  curve  into  graceful  gosseneck 
fixtures,  with  suitable  ornamentation,  for  the  support  of  the 
lamp,  and  to  be  so  designed  that  the  lamp  shall  hang  at  a 
distance  of  not  less  than  two  feet  from  the  pole.  The  lamp- 
poles  or  posts  shall  be  of  design  not  less  ornamental  than 
that  attached  to  and  made  a part  of  these  specifications  as 
“ Exhibit  A.”  The  city  reserves  the  right  to  place  street-signs 
on  any  of  the  poles  to  be  erected  by  the  contractor  at  any 
time  during  the  term  of  the  contract ; the  placing  of  said  sign, 
if  the  same  is  to  be  done,  to  be  done  at  the  city’s  expense. 


Ordinances  of  the  City  of  Cincinnati 


131 


If  the  lamps  in  the  “Underground  District”  shall  be  sup- 
plied by  a series  constant-current  system,  the  bidder  may,  at 
his  option,  for  the  better  insulation  of  the  circuits,  securing 
greater  reliability  of  service,  make  a single  section  of  each 
pole  of  some  hard  wood,  which  wooden  section  must  be  of  not 
greater  diameter  than  the  iron,  and  must  be  finished  and 
painted  to  conform  to  the  finish  of  the  iron  parts  of  the  poles. 
All  such  iron  poles,  unless  otherwise  ordered  by  the  city,  shall 
be  set  in  a verticle  position  at  the  curb-line,  on  the  inside  of 
the  curb-line,  with  the  gooseneck  top  of  the  pole  or  post  point- 
ing towards  the  street  at  right  angles  to  the  curb-line  at  the 
point.  All  such  iron  poles  in  the  “Underground  District” 
shall  be  hollow,  and  the  wires  for  supplying  current  to  the 
lamps  shall  be  brought  up  from  the  underground  system  or 
conduit  through  the  pole  to  the  lamp  in  such  manner  as  to 
conceal  the  wires  from  view,  and  so  as  to  protect  the  public 
from  accidental  contact  with  said  wires.  All  poles  shall  be 
of  such  height  that  the  bottom  of  the  arc  lamps  suspended 
therefrom  shall  be  not  less  than  twelve  feet  above  the  surface 
of  the  street. 

9.  In  the  “ Underground  District,”  excepting  as  otherwise 
provided,  and  excepting  such  additional  lamps  as  may  be 
ordered  by  the  Board  of  Legislation,  one  arc  lamp  shall  be 
placed  at  each  street  intersection,  and  in  addition  thereto,  on 
the  principal  streets  where  said  lamps  at  intersections  are 
farther  apart  than  three  hundred  feet,  lamps  shall  be  placed 
at  intermediate  points,  so  that  in  no  case  shall  any  two  con- 
secutive lamps  be  farther  apart  than  three  hundred  feet ; the 
Board  of  Public  Service  to  determine  said  principal  streets. 

On  certain  streets  a great  amount  of  travel  and  traffic 
require  greater  illumination  than  above  provided  for,  and 
additional  lamps  shall  be  placed  thereon.  On  such  streets, 
instead  of  the  number  above  provided  for,  there  may  be  placed, 
at  the  option  of  the  Board  of  Public  Service,  two  lamps  at  each 
street  intersection,  one  each  at  diagonally  opposite  corners, 
and  in  addition  thereto  lamps  shall  be  so  placed  at  inter- 


132 


Ordinances  of  the  City  of  Cincinnati 


mediate  points  that  in  no  case  shall  any  two  consecutive 
lamps  be  further  apart  than  one  hundred  and  thirty- three 
feet ; all  lamps  being  placed  alternately  on  opposite  sides  of 
the  street. 

The  streets  to  have  said  greater  illumination  as  above  pro- 
vided shall  be  designated  by  the  Board  of  Public  Service,  and 
shall  be  within  the  territory  bounded  by  Fourth  Street  on  the 
south,  Court  Street  on  the  north,  Main  Street  on  the  east, 
and  Central  Avenue  on  the  west ; provided,  however,  that  all 
intermediate  lamps  to  be  placed  in  the  “Underground  District  ” 
shall  be  at  the  intersection  of  alleys  wherever  the  same  is  prac- 
ticable, in  which  cases  the  distances  herein  provided  for  shall 
not  govern. 

10.  In  the  “Overhead  District”  the  method  of  supporting 
or  suspending  the  lamp  shall  depend  upon  local  conditions  in 
each  case,  the  aim  being  to  use  such  method  as  to  secure  the 
most  efficient  and  effective  lighting  of  the  streets  and  sidewalks. 
In  general,  lamps  shall  be  suspended  from  strong,  neat,  orna- 
mental iron  fixtures  or  brackets  of  the  gooseneck  type,  which 
shall  be  of  such  design  and  so  attached  to  the  carrying  poles 
that  the  lamps  shall  hang  about  two  feet  away  from  the  pole 
and  about  ten  feet  above  the  surface  of  the  street.  Where 
desirable,  to  avoid  casting  shadows  from  trees  or  other  obstruc- 
tions, the  lamps  may  be  suspended  over  the  centers  of  the 
street  on  suspension  wires  or  cables,  arranged  for  lowering  the 
lamp  to  the  street  for  trimming,  or  that  may  be  supported  at 
a distance  of  from  three  feet  to  twelve  feet  from  the  pole  from 
neat,  strong  mast-arms.  When  suspended  over  the  centers  of 
streets,  however,  the  lamps  must  be  maintained  not  less  than 
twenty  feet  above  the  surface  of  the  street,  and  when  suspended 
from  mast-arms  more  than  two  feet  from  the  poles  they  must 
be  maintained  not  less  than  fifteen  feet  above  the  surface  of 
the  street.  When  the  lamps  have  been  located  and  service 
connections  made  thereto  in  accordance  with  the  foregoing 
specifications,  they  are  to  be  permanently  maintained  in  place 
where  erected  ; provided,  however,  that  to  cover  a case  of 


Ordinances  of  the  City  of  Cincinnati 


133 


necessity  or  unlooked-for  contingency  the  city  may,  at  its 
own  cost  and  expense,  order  a change  of  location  or  manner 
of  suspension,  providing  it  does  not  permanently  discontinue 
service  thereto.  In  the  “Overhead  District”  one  arc  lamp 
shall  be  placed  at  each  street  intersection,  and  in  addition 
thereto  lamps  shall  be  so  placed  between  street  intersections 
that  the  average  distance  between  lamps  shall  not  exceed 
approximately  four  hundred  feet. 

11.  In  the  “Overhead  District”  all  lamps  shall  receive 
their  supply  of  electrical  energy  from  wires  having  triple-braid, 
weather-proof  insulation,  and  supported  on  poles  of  white  cedar 
or  other  equally  good  material,  which  poles  shall  be  smooth, 
clean  shaven,  round  and  straight,  and  shall  be  painted  with 
two  coats  of  good  oil  paint  of  a color  to  be  designated  for  the 
poles  of  the  successful  bidder  by  the  city. 

All  cross-arms  shall  be  so  attached  as  to  stand  at  right 
angles  to  the  body  of  the  poles,  and  thus  present  a neat  and 
workmanlike  appearance,  and  must  be  painted  two  coats.  All 
insulators  on  cross-arms  must  be  of  ample  size  and  strength, 
and  of  deep  groove,  double  petticoat  type,  and  must  be  screwed 
on  to  locust  or  iron  pins,  firmly  and  securely  fastened  to  the 
cross-arms. 

No  wire  smaller  than  No.  8 Brown  and  Sharpe’s  gauge 
shall  be  used  in  the  “Overhead  District”  in  carrying  out  the 
provisions  of  this  contract.  It  is  the  intent  of  these  specifica- 
tions to  secure  and  assure  the  most  substantial  and  durable 
form  of  construction,  that  uninterrupted  service  may  be  given 
and  that  accidents  may  be  avoided. 

Should  • any  pole,  post,  wire,  fixture,  support,  or  other 
appliance  be  broken,  or  at  any  time  be  found  in  such  con- 
dition as  to  be  dangerous  to  the  public,  such  break  or  defect 
shall  be  promptly  repaired  or  remedied  ; but  no  default  on 
the  part  of  the  Board  of  Public  Service  to  require  such 
repairs  or  remedy  shall  relieve  the  contractor  in  case  of  acci- 
dent to  persons  or  property  by  reason  of  such  defective  poles 
or  appliances. 


134 


Ordinances  of  the  City  of  Cincinnati 


12.  All  lamps  located  as  herein  provided  for  shall  be  lighted 
every  night  in  the  year  during  the  entire  period  provided  for 
in  these  specifications,  in  accordance  with  the  requirements 
of  a schedule  adopted  by  the  Board  of  Administration  of  the 
city  of  Cincinnati  February  1,  1893,  and  revised  by  said  Board 
of  Administration  August  7,  1893,  which  schedule  provides 
for  a total  lighting  per  year  for  each  lamp  of  about  3,820 
hours  ; provided,  however,  that  no  lamp  shall  be  placed  in 
either  the  “Underground”  or  “Overhead  District”  until  the 
exact  location  thereof  has  been  approved  by  the  Board  of 
Public  Service ; and  provided  further  that  nothing  herein  con- 
tained shall  be  construed  to  mean  that  any  of  the  alleys 
of  the  city  are  to  be  lighted  by  electricity.  All  outages  shall 
be  immediately  reported  by  the  police  to  the  Central  Lighting 
Station.  The  policeman  noticing  same  shall  keep  account 
as  near  as  possible  of  the  number  of  hours  any  lamp  is 
allowed  to  remain  out,  which  outage  shall  be  reported  to  the 
superintendent  of  police,  who  will  report  same  to  the  Board 
-of  Public  Service. 

To  give  the  city  a record  of  the  amount  of  electrical  energy 
actually  furnished  for  street  - lighting  service  in  accordance 
with  these  specifications,  the  contractor  shall  furnish,  erect, 
and  permanently  maintain  at  the  generating  stations,  at  his 
expense,  all  recording  watt  - meters  necessary  for  measuring 
and  recording  daily  the  entire  amount  of  electrical  energy 
supplied  to  the  city  and  used  in  said  street-lighting  service, 
thus  providing  a means  of  determining  whether  the  contractor 
is  complying  with  the  conditions  of  these  specifications  and 
the  contract.  The  city  electrician  shall  be  furnished  a daily 
record  of  the  readings  of  said  watt  - meters,  and  shall  have 
authority  to  have  the  accuracy  of  such  recording  instruments 
tested  in  his  presence  at  such  times  as  the  Board  of  Public 
Service  may  deem  necessary  ; and  any  inaccuracy,  if  found, 
must  thereupon  immediately  be  corrected.  Should  the  average 
amount  of  electrical  energy  supplied  to  the  city,  as  recorded 
on  said  instruments  or  otherwise  ascertained,  be  less  than 


Ordinances  of  the  City  of  Cincinnati 


135 


required  by  these  specifications,  then  a deduction  from  the 
amount  to  be  paid  the  contractor  shall  be  made  proportionate 
to  the  amount  of  such  ascertained  deficiency,  unless  such  defi- 
ciency or  outage  was  the  fault  of  the  city. 

13.  Should  the  energy  consumption  of  the  lamps  at  any 
time  prove  to  be  below  the  standard  fixed,  a deduction  propor- 
tionate to  the  decrease  in  electrical  energy  shall  be  made  by 
the  Board  of  Public  Service  from  the  price  or  prices  to  be  paid 
under  the  contract,  such  measurements  to  be  based  on  the 
volts  and  amperes  or  watts  herein  provided  for  in  each  case. 
For  the  purpose  of  making  tests  of  the  current  and  voltage 
supplied  to  the  lamps,  and  of  examining  apparatus  and  appli- 
ances for  generating,  delivering,  and  using  the  electric  current 
required  by  these  specifications,  it  is  understood  and  agreed 
that  the  contractor  for  electric  lighting  will  furnish  to  the  city 
electrician  access  at  all  times  to  all  electric  lamps,  poles,  posts, 
conduits,  apparatus,  or  machinery  on  or  in  the  streets,  etc., 
or  to  any  generating  station  of  the  contractor  supplying  cur- 
rent or  light  under  these  specifications,  and  the  said  city 
electrician,  or  his  duly  authorized  agent,  shall  have  the  privi- 
lege at  any  and  all  times  the  lamps  are  burning  of  testing 
any  of  the  aforesaid  circuits,  at  such  point  or  points  as  may  be 
selected  by  said  city  electrician,  by  the  use  of  such  standard 
measuring  instruments  as  he  may  desire  to  use,  and  he  shall 
maintain  such  instruments  in  circuit  for  so  long  a time  as  he 
may  deem  advisable. 

14.  If  in  the  opinion  of  the  Board  of  Public  Service  the 
contractor  is  violating  any  of  the  conditions  of  the  contract 
made  under  these  specifications,  or  attempting  to  execute  the 
same  in  bad  faith,  the  Board  of  Public  Service  shall  notify  the 
contractor,  and  direct  him  to  immediately  remedy  the  defects 
or  violations  complained  of ; and  if  said  contractor  shall  not 
within  five  days  thereafter  comply  with  all  reasonable  require- 
ments of  said  Board  of  Public  Service,  and  take  such  measures 
as  shall,  in  the  judgment  of  said  board,  insure  a satisfactory 
performance  of  contract  obligations,  then  said  board  shall 


136 


Ordinances  of  the  City  of  Cincinnati 


have  the  right,  by  and  with  the  consent  of  the  Board  of 
Legislation,  to  at  once  provide  for  lighting  temporarily  with 
gas,  gasoline,  or  electric  light  any  part  or  all  of  the  territory 
embraced  in  said  contract  until  a new  contract  shall  be  made 
by  the  proper  parties  ; and  any  excess  of  cost  or  any  damage 
to  the  city  caused  by  reason  of  such  failure  of  the  contractor 
to  comply  with  the  terms  of  the  contract  shall  be  paid  to 
the  city  by  said  contractor.  Provided,  however,  that  if  the 
contractor  under  these  specifications  shall  claim  he  is  carrying 
out  his  contract  in  good  faith,  and  that  there  are  no  laches 
on  his  part,  said  claim  shall  be  duly  investigated  by  a board 
of  arbitration,  appointed  in  the  following  manner:  One  party 
to  be  named  by  the  Board  of  Public  Service  ; one  party  to  be 
named  by  the  contractor  under  these  specifications ; these 
two  jointly  to  name  a third ; and  the  board  of  arbitration  so 
constituted  shall  have  submitted  to  it  all  the  testimony  with 
regard  to  such  claim  of  default,  and  after  full  hearing,  at  which 
all  parties  shall  have  the  right  to  be  present,  the  majority  de- 
cision shall  be  binding  upon  the  city  and  the  contractor.  The 
expense  of  such  arbitration  shall  be  equally  divided  between 
the  city  and  the  contractor. 

15.  It  shall  be  further  provided  in  any  such  contract  based 
upon  these  specifications  that  all  payments  shall  be  made  upon 
the  certificate  of  the  city  electrician  or  other  designated  agent 
of  the  Board  of  Public  Service,  approved  by  said  board,  within 
the  first  five  days  of  each  and  every  month  during  the  continu- 
ance of  said  contract ; and  it  is  further  provided  that  in  case 
of  any  just  cause  for  disagreement  the  contractor  shall  not  be 
entitled  to  demand  or  receive  payments  for  any  services  ren- 
dered or  work  done  not  provided  for  in  these  specifications 
until  all  agreements  regarding  such  services  rendered  or  work 
done  shall  have  been  complied  with,  and  the  city  electrician 
shall  have  given  his  certificate  to  this  effect. 

It  shall  be  further  provided  in  any  such  contract  that  no 
person  shall  be  employed  as  an  artisan,  mechanic,  or  laborer 
in  the  execution  of  any  part  of  the  work  herein  provided 


Ordinances  of  the  City  of  Cincinnati 


137 


for  who  shall  not  have  been  a bona  fide  resident  of  the  city 
of  Cincinnati  for  at  least  six  months  prior  to  the  date  of  his 
employment.  In  case  the  contractor  knowingly  violates  this 
requirement  of  the  specifications,  or  if  after  notice  that  any  such 
non-resident  is  so  employed  he  continues  to  employ  him,  the 
city  will  retain  out  of  the  moneys  due  the  contractor  under 
said  contract  the  sum  of  two  dollars  per  day  for  each  man  so 
employed  contrary  to  the  terms  hereof ; said  sum  of  two  dollars 
per  day  for  each  of  such  persons  being  deemed  and  held  to  be 
liquidated  damages  for  violation  of  this  provision.  Exceptions 
to  this  rule  shall  be  made  for  expert  workmen. 

It  shall  also  be  further  provided  in  any  such  contract  that 
the  service  of  all  laborers,  workmen,  and  mechanics  employed 
upon  the  work  under  said  contract  and  these  specifications 
shall  be  limited  and  restricted  to  eight  hours  in  each  and  every 
calendar  day,  except  in  cases  of  extraordinary  emergency 
caused  by  fire,  flood,  or  danger  to  life  and  property;  and  said 
contractor  agrees  that  upon  violation  by  him  of  the  foregoing 
stipulations  he  shall  be  liable,  by  way  of  penalty,  in  the  sum 
of  ten  dollars  for  each  laborer,  workman,  or  mechanic  for  each 
and  every  calendar  day  in  which  each  laborer,  workman,  or 
mechanic  shall  labor  more  than  eight  hours ; and  the  amount 
of  such  penalty  or  penalties  shall  be  withheld  by  the  Board  of 
Public  Service  from  any  money  or  moneys  due  or  to  become 
due  to  said  contractor  under  the  said  contract ; and  said  Board 
of  Public  Service  shall  not  rebate  or  remit  any  penalty  or 
penalties  imposed  under  the  foregoing  stipulation,  unless  upon 
a finding  which  said  Board  of  Public  Service  shall  make  up 
and  certify  that  such  penalty  or  penalties  were  imposed  by 
reason  of  an  error  of  fact. 

16.  Any  party  which  may  be  awarded  a contract  under 
the  provisions  of  these  specifications  shall,  as  a condition  pre- 
cedent to  signing  same,  deposit  as  security  for  the  performance 
of  the  contract  one  hundred  thousand  dollars,  in  securities  of 
the  United  States,  state  of  Ohio,  or  city  of  Cincinnati,  with  the 
Sinking  Fund  Trustees  of  Cincinnati,  Ohio,  or  file  with  the 


138 


Ordinances  of  the  City  of  Cincinnati 


Board  of  Public  Service  a good  and  sufficient  bond,  in  the  penal 
sum  of  one  hundred  thousand  dollars,  signed  by  a satisfactory 
surety  company,  and  conditioned  that  such  contractor  shall 
faithfully  perform  such  contract  according  to  all  the  terms 
thereof  and  the  conditions  and  provisions  of  these  specifications, 
and  that  said  contractor  will  not,  either  directly  or  indirectly, 
except  as  herein  provided,  transfer,  assign,  or  sublet  the  same 
to,  or  permit  the  services  to  be  rendered  by,  any  other  person, 
firm,  or  corporation ; such  bond  and  contract  to  be  approved 
by  the  corporation  counsel  as  to  form  and  by  the  Board  of 
Public  Service  as  to  sufficiency.  Said  bond  shall  be  renewed 
at  any  time  upon  demand  of  the  Board  of  Public  Service. 
Should  the  party  to  whom  said  contract  is  awarded,  and  who 
enters  into  the  same,  fail  to  commence  lighting  under  the 
terms  of  this  contract  upon  June  1,  1902,  in  accordance  with 
these  specifications  and  his  contract,  in  such  case  the  con- 
tractor shall  pay  to  the  city  a sum  computed  at  the  rate  of  ten 
dollars  per  month  for  each  lamp  ordered  under  the  contract 
and  not  connected  to  either  undeground  or  overhead  service 
on  said  date,  such  payment  to  the  city  for  each  lamp  to  be 
made  for  the  full  period  from  June  1,  1902,  until  such  lamp 
shall  be  started  in  service.  Such  payment  shall  be  made  as  a 
consideration  for  the  loss  of  time  and  for  expenses  incurred  by 
the  city  in  consequence  of  the  failure  to  carry  out  the  contract 
thus  awarded ; but  nothing  herein  contained  shall  be  construed 
or  held  to  mean  that  said  contractor  or  his  sureties  shall  be 
released  from  their  liability  under  said  bond  for  the  faithful 
performance  of  this  contract  for  the  full  term  thereof. 

That  the  contractor  may  not  be  delayed  by  the  city  in  his 
construction  work,  preventing  the  furnishing  of  full  and  com- 
plete service  by  and  on  the  date  named  (June  1,  1902),  the 
city  shall  designate  the  location  of  all  lamps  within  thirty  days 
after  being  requested  so  to  do  by  the  contractor.  If  the  city 
fails  to  designate  the  location  of  any  or  all  lamps  within  thirty 
days  after  being  so  requested  to  do,  then  the  contractor,  at  his 
option,  shall  designate  the  location  of  and  erect  and  maintain 


Ordinances  of  the  City  of  Cincinnati 


139 


in  service  all  such  lamps  in  accordance  with  the  requirements 
of  these  specifications. 

17.  All  bids  shall  contain  two  propositions,  one  stating  the 
price  per  lamp  per  year  for  lighting  service  in  the  “ Under- 
ground District,”  and  the  other  stating  the  price  per  lamp  per 
year  for  lighting  service  in  the  “ Overhead  District.”  The  two 
propositions  shall  be  considered  together,  and  not  separately, 
as  going  to  make  up  one  bid,  the  intent  being  to  award  the 
entire  lighting  to  one  contractor.  All  lighting,  extinguishing, 
and  keeping  in  repair  of  all  lamps  shall  be  done  by  the  con- 
tractor, the  intent  and  meaning  of  these  specifications  being 
that  the  city  shall  be  at  no  expense  for  lighting  service  be- 
yond the  price  to  be  paid  per  lamp  per  year  as  specified  in 
the  contract. 

All  bids  shall  state  each  price  separately,  in  writing  and  in 
figures,  per  lamp  per  year,  be  under  seal,  and  be  addressed  to 
the  committee  on  light  of  the  Board  of  Legislation,  care  of  the 
city  clerk,  and  be  delivered  to  the  city  clerk  at  his  office  on  or 
before  12  o’clock  m.  of  the  day  upon  which  proposals  are  to  be 
received,  and  shall  be  opened  by  said  committee,  or  a majority 
of  said  committee,  between  12  m.  and  1 p.  m.  on  said  day,  in 
the  presence  of  all  bidders  who  may  choose  to  be  present. 
The  bids  shall  be  in  strict  conformity  to  these  specifications, 
and  shall  be  subject  to  the  provisions  of  what  is  known  as  the 
General  Electric  Light  Ordinance  No.  4285,  purporting  to  have 
been  passed  October  13,  1898,  as  to  the  mode  and  manner  of 
lighting,  so  far  as  not  inconsistent  with  these  specifications  ; 
and  said  Ordinance  No.  4285  is  hereto  attached,  and  made  a 
part  of  these  specifications  so  far  as  not  inconsistent  with  the 
* provisions  above  stated. 

18.  The  contractor  for  electric  lighting  hereunder,  as  a 
condition  in  said  bond,  shall  indemnify  and  hold  harmless  the 
city  of  Cincinnati,  the  mayor,  the  Board  of  Legislation,  and 
Board  of  Public  Service  of  the  city  against  any  and  all  claims 
which  may  be  made  by  reason  of  any  infringement  of  any 
patent  right  in  the  use  of  lamps,  dynamos,  or  any  other  article, 


140 


Ordinances  of  the  City  of  Cincinnati 


apparatus,  or  process  which  may  be  used  in  operating  or  main- 
taining the  lamps  under  these  specifications ; and  said  bond 
shall  also  indemnify  and  hold  harmless  the  mayor,  the  Board 
of  Legislation,  and  the  Board  of  Public  Service  of  the  city 
of  Cincinnati,  its  officers,  agents,  or  servants,  and  each  and 
every  one  of  them,  against  and  from  all  suits  or  actions  of  every 
name  and  description  brought  against  the  city  of  Cincinnati, 
the  mayor,  Board  of  Legislation,  Board  of  Public  Service,  or 
any  of  its  officers,  agents,  or  servants  ; and  also  from  damage 
and  costs  to  which  it,  they,  or  any  of  them  may  be  put  by 
reason  of  injury  to  the  person  or  property  of  any  other,  re- 
sulting from  negligence  or  carelessness,  or  otherwise,  in  the 
performance  of  its  obligations  under  this  contract,  to  - wit : 
By  lighting  the  streets,  or  from  any  improper  or  defective 
material,  wire,  cable,  bracket,  post,  lamp,  implements,  or  other 
appliances  use  in  the  performance  of  the  same,  or  from  any 
act  or  omission  of  said  contractor  for  lighting,  or  of  its  agents 
or  employees. 

19.  Whenever  any  street,  land,  lane,  square,  or  public 
place  within  the  city  limits  is  lighted  by  electricity  under  any 
contract  made  in  accordance  with  the  terms  and  conditions 
of  these  specifications,  all  other  lighting  at  the  expense  of  the 
city  of  such-  street,  land,  lane,  square,  or  public  place  shall  be 
immediately  discontinued  from  time  to  time  as  said  streets,  etc., 
are  so  lighted  by  electricity  hereunder,  and  the  Board  of  Public 
Service  shall  notify  all  other  persons  or  companies  furnishing 
gas,  gasoline,  or  electric  lighting  at  the  expense  of  the  city  to 
discontinue  such  lighting  as  soon  as  such  street,  land,  lane, 
square,  or  public  place  provided  for  herein  have  been  lighted 
under  the  contract  to  be  made  with  the  successful  bidder. 

20.  Bids  under  these  specifications  will  be  received  from 
companies  incorporated  under  the  laws  of  Ohio,  or  parties  who 
shall  state  their  intention  to  become  incorporated  under  the 
laws  of  this  state  if  awarded  a contract,  and  who  shall  furnish 
in  their  bid  the  incorporated  title  under  which  they  shall  be 
known,  with  the  list  of  their  proposed  incorporators,  and  the 


Ordinances  of  the  City  of  Cincinnati 


141 


amount  of  their  capital  stock,  or  private  parties  who  may 
express  an  intention  to  carry  out  the  contract  if  awarded  them 
under  their  own  names  and  as  such  private  parties,  but  no 
transfer  or  assignment  shall  be  allowed  or  permitted  to  any 
parties  or  corporations  not  specified  as  the  ones  for  whom  the 
bid  may  be  made. 

21.  The  award,  if  made,  shall  be  to  the  lowest  responsible 
bidder,  and  the  Board  of  Legislation  reserves  the  right  to  reject 
any  and  all  bids. 

No.  301.  Passed  July  1,  1892. 

To  authorize  the  inspector  of  building-s  to  appoint  an  assistant  to 
act  as  inspector  of  fire-escapes. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati: 

SEC.  1.  That  the  inspector  of  buildings  of  said  city  be  and 
he  is  hereby  authorized  to  appoint  an  assistant  in  his  office,  who 
shall  act  as  “inspector  of  fire-escapes,”  at  a salary  of  fifteen 
hundred  dollars  per  annum,  and  to  hold  his  office  during  the 
pleasure  of  said  inspector  of  buildings.  Said  inspector  of  fire- 
escapes  shall  be  a competent  and  experienced  mechanic  of  such 
trade  or  profession  as  shall,  in  the  opinion  of  the  inspector  of 
buildings,  be  of  greatest  service  to  the  department.  [Void:  see 
Steinkamp  case,  Supreme  Court.] 

No.  53.  Passed  September  5,  1890. 

Giving  fire  - engines,  hose  - carts,  hose  - wagons,  ladder  - wagons,  and 
salvag-e  - corps  wagons  the  rigiit  of  way  in  groing"  to  fires. 

Be  it  ordained  by  the  City  Council  of  Cincinnati: 

That  all  fire-engines,  hose -carts,  hose -wagons,  ladder- 
wagons,  and  salvage  - corps  wagons  going  to  fires  shall  have 
the  right  of  way  through  the  streets  in  preference  to  all  street 
cars  and  vehicles  of  all  descriptions. 


142 


Ordinances  of  the  City  of  Cincinnati 


No.  491.  Passed  March  81,  1893. 

Authorizing-  the  Board  of  Fire  Trustees  to  contract  with  the  City 
and  Suburban  Teleg-raph  Association  for  the  use  of  telephone 
switchboard  and  its  equipment,  and  for  rental  of  all  telephones, 
transmitterz,  mag-net-bells  and  battery-boxes,  and  exchange  ser- 
vice for  the  use  of  the  Cincinnati  Fire  Department  for  the  term 
of  ten  years. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati : 

Sec.  1.  That  the  Board  of  Fire  Trustees  be  and  they  are 
hereby  authorized  to  enter  into  a contract  with  the  City  and 
Suburban  Telegraph  Association  of  the  city  of  Cincinnati  for 
the  use  of  one  switchboard  of  the  latest  improved  type,  with 
full  equipment  for  sixty  metallic  circuit  lines,  with  one  long- 
distance transmitter  and  one  head  telephone,  all  complete,  for 
the  use  of  the  fire  department  for  the  term  of  ten  years,  and  for 
the  rental  of  all  the  telephones,  transmitters,  magnet-bells,  and 
battery-boxes,  with  backboards  complete  and  exchange  service 
necessary  to  equip  all  engine-houses,  offices,  and  residences 
of  officers  and  trustees  of  the  Cincinnati  Fire  Department  for 
said  term  of  ten  years. 

Sec.  2.  The  rental  of  the  switchboard  and  all  telephones, 
transmitters,  and  necessary  equipments  shall  not  exceed  seven 
hundred  and  fifty  dollars  per  year. 

No.  1009.  Passed  December  6,  1895. 

To  prevent  the  kindling-  of  fires  in  any  of  the  streets,  avenues, 
lanes,  landing-s,  parks,  or  other  public  places  within  the  limits 
of  the  City  of  Cincinnati,  unless  confined  within  a proper  and 
safe  receptacle. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati : 

SEC.  1.  That  it  shall  be  unlawful  for  any  person  or  persons 
to  kindle  or  cause  to  be  kindled  any  fire  in  or  upon  any  of  the 
streets,  avenues,  lanes,  landings,  parks,  or  any  of  the  public 
places  within  the  limits  of  said  city,  unless  the  same  be  confined 
within  a proper  and  safe  receptacle. 

SEC.  2.  Any  person  or  persons  violating  any  of  the  pro- 
visions of  Section  1 of  this  ordinance  shall  be  deemed  guilty 


Ordinances  of  the  City  of  Cincinnati 


143 


of  a misdemeanor,  and  upon  conviction  thereof  in  the  Police 
Court  of  said  city  shall  be  fined  in  any  sum  not  exceeding 
twenty-five  dollars. 

No.  842.  Passed  May  12,  1902. 

Declaring-  the  necessity  for  the  establishment  and  maintenance  of  a 
firemen’s  pension  fund  in  the  City  of  Cincinnati. 

Whereas , The  General  Assembly  of  Ohio  did  on  April  23, 
1902,  pass  a certain  act,  entitled  “An  act  authorizing  the  levy 
of  taxes  in  municipalities  to  provide  for  firemen,  police,  and 
sanitary  police  pension  or  relief  funds,  and  to  create  and 
perpetuate  boards  of  trustees  for  the  administration  of  such 
funds”;  and 

Whereas , Said  act  provided  in  Section  1 thereof  that  in 
any  municipal  corporation  in  this  state  having  or  which  may 
hereafter  have  a fire  department,  supported  in  whole  or  in 
part  at  the  public  expense,  the  Council,  Board  of  Legislation, 
or  other  legislative  body  may  by  ordinance  declare  the  neces- 
sity for  the  establishment  and  maintenance  of  a firemen’s 
pension  fund,  for  the  purposes  named  in  said  act ; and 

Whereas , Said  act  further  provided  that  upon  such  deter- 
mination by  the  Council,  Board  of  Legislation,  or  other  legis- 
lative body  there  should  be  created  in  any  municipality  a 
board  of  trustees,  to  be  known  as  the  “ Trustees  of  the  Fire- 
men’s Pension  Fund,”  who  shall  administer  and  distribute  the 
funds  authorized  to  be  raised  by  said  act : Therefore — 

SEC.  1.  Be  it  ordained  by  the  Board  of  Legislation  of  Cin- 
cinnati, That  the  necessity  is  hereby  declared  for  the  estab- 
lishment and  maintenance  of  a firemen’s  pension  fund  in  the 
city  of  Cincinnati,  and  the  creation  of  a board  of  trustees  who 
shall  administer  and  distribute  said  fund,  and  said  fund  shall 
be  established  and  maintained,  and  said  board  of  trustees 
shall  be  created  in  such  manner  and  perform  such  duties, 
as  is  provided  in  said  act  of  the  General  Assembly,  passed 
April  23,  1902. 


144 


Ordinances  of  the  City  of  Cincinnati 


SEC.  2.  That  the  city  clerk  is,  upon  the  final  passage  of 
this  ordinance,  hereby  authorized  and  directed  to  serve  upon 
the  Trustees  of  the  Fire  Department  of  the  city  of  Cincinnati 
a certified  copy  of  said  ordinance,  which  shall  be  authority  for 
said  trustees  to  proceed,  in  the  manner  provided  for  in  said 
act  of  the  General  Assembly,  to  hold  the  election  provided 
for  in  said  act  for  the  members  of  the  Board  of  Trustees  of  the 
Firemen’s  Pension  Fund,  who  shall  be  chosen  from  among  the 
members  of  said  fire  department.  Upon  the  election  of  said 
members,  who,  together  with  the  Trustees  of  the  Fire  Depart- 
ment, shall  constitute  the  Board  of  Trustees  of  the  Firemen’s 
Pension  Fund,  said  board  shall  organize  and  proceed  to  the 
establishment,  maintenance,  administration,  and  distribution 
of  the  firemen’s  pension  fund  authorized  by  said  act  of  the 
General  Assembly. 

No.  16.  Passed  May  18,  1903. 

Providing-  for  the  org-anization  of  the  fire  department. 

Be  it  ordained  by  the  Council  of  the  City  of  Cincinnati , State  of  Ohio: 

SEC.  1.  The  fire  department  of  the  city  of  Cincinnati  shall 
be  composed  of  the  following  officers  and  members,  who  shall 
receive  the  salaries  hereinafter  provided,  payable  semi-monthly. 
They  shall  give  bond  as  herein  provided. 

1.  A chief  of  the  fire  department,  who  shall  receive  a 
salary  of  $5,000  per  year,  and  who  shall  give  a bond  in  the 
sum  of  $10,000. 

2.  Two  marshals,  who  shall  each  receive  a salary  of  $2,300 
per  year. 

3.  Six  assistant  marshals,  who  shall  each  receive  a salary 
of  $2,100  per  year.  Said  marshal  and  assistant  marshals  shall 
each  give  a bond  in  the  sum  of  $5,000. 

4.  Four  hundred  and  eighty-three  firemen,  of  whom  one 
shall  receive  a salary  of  $1,800  per  year;  one  a salary  of 
$1,500  per  year  ; forty-three  a salary  of  $1,260  per  year  each  ; 
thirty-eight  a salary  of  $1,200  each  per  year;  fifty  a salary  of 


Ordinances  of  the  City  of  Cincinnati 


145 


$1,116  each  per  year;  three  hundred  and  forty  a salary  of 
$1,080  each  per  year  ; six  a salary  of  $924  each  per  year  ; and 
four  a salary  of  $900  each  per  year. 

5.  Forty  substitute  firemen,  who  shall  each  receive  a salary 
estimated  at  the  rate  of  two  dollars  per  day  for  each  day  of 
actual  service.  Said  firemen  and  substitutes  shall  each  give  a 
bond  in  the  sum  of  $1,000. 

6.  Three  telephone  operators,  who  shall  each  receive  a 
salary  of  $600  per  year. 

7.  Five  telegraph  operators,  of  whom  three  shall  each 
receive  a salary  of  $1,140  per  year;  one  a salary  of  $780  per 
year  ; and  one  a salary  of  $600  per  year. 

No.  264.  Passed  January  4,  1904. 

Providing1  for  the  relief  of  members  of  the  fire  and  police  depart- 
ments temporarily  disabled  in  the  discharge  of  their  duties. 

Be  it  ordained  by  the  Council  of  the  City  of  Cincinnati , State  of  Ohio : 

SEC.  1.  Members  of  the  police  and  fire  departments,  when 
temporarily  disabled  while  assuming,  undertaking,  or  perform- 
ing extraordinary  risks  in  consequence  of  and  while  in  the 
actual  performance  of  official  duty  may,  at  the  discretion  of 
the  Board  of  Public  Safety  and  under  such  rules  as  may  be 
adopted  by  said  board,  draw  all  or  such  part  of  their  regular 
salary,  and  for  such  time  as  may  be  determined  by  the  Board 
of  Public  Safety,  but  not  exceeding  such  temporary  disability. 

A RESOLUTION.  Passed  October  9,  1891. 

As  to  the  use  of  street  dirt  and  ashes  in  making-  fills. 

Resolved  by  the  Board  of  Legislation  of  Cincinnati : 

That  the  Board  of  Administration  be  and  they  are  hereby 
directed  and  instructed  to  use  all  street  dirt  and  ashes  in  filling 
to  grade  streets  which  have  been  dedicated  to  the  city ; and  that 
the  custom  of  filling  in  such  street  dirt  and  ashes  on  private 
property,  or  any  property  other  than  regularly  dedicated  streets, 
be  discontinued  and  prohibited. 


146 


Ordinances  of  the  City  of  Cincinnati 


No.  198.  Passed  June  27,  1898. 

To  provide  for  the  protection  of  flags  and  other  decorations. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati: 

SEC.  1.  That  it  shall  be  unlawful  for  any  person  to  remove, 
destroy,  molest,  deface,  or  disarrange  any  flag  or  other  decora- 
tion that  may  be  used  by  any  other  person  in,  upon,  or  about 
any  building  in  the  city  of  Cincinnati,  to  indicate  celebration 
of  any  holiday  or  public  event,  without  the  consent  of  the 
owner  thereof. 

Sec.  2.  It  shall  be  the  duty  of  the  police  force  of  the  city 
of  Cincinnati  to  arrest  any  person  found  offending  against  the 
provisions  of  this  ordinance.  Any  person  convicted  in  the 
Police  Court  of  any  such  removal,  destruction,  molestation, 
defacement,  or  disarrangement  of  any  flag  or  other  decora- 
tion in,  upon,  or  about  any  building  of  the  city  of  Cincin- 
nati, indicative  of  celebration  of  any  holiday  or  public  event, 
without  the  consent  of  the  owner  thereof,  shall  be  fined  in  any 
sum  not  less  than  five  dollars  nor  more  than  twenty  dollars, 
together  with  the  costs  of  prosecution,  at  the  discretion  of 
the  court. 

No.  818.  Passed  July  27,  1894. 

To  provide  for  the  erection  and  maintenance  of  public  watering- 
fountains  for  man  and  beast. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati : 

SEC.  1.  That  public  watering-fountains  for  man  and  beast 
be  established  at  or  near  the  following-named  places  in  said 
city,  to-wit : 

One  at  Front  and  Butler  streets  ; 

One  at  Park  and  Second  streets  ; 

One  at  Wood  and  Fifth  streets  ; 

Two  at  City  Hall  ; 

One  at  Court-house  ; 

One  at  Flower-market ; 

One  at  East  McMicken  Avenue,  near  Vine  Street; 


Ordinances  of  the  City  of  Cincinnati 


147 


One  at  Broadway  and  Court  Street ; 

One  at  Gilbert  Avenue,  opposite  Effluent-pipe  Street ; 
One  at  St.  Francis  de  Sales  Church  ; 

One  at  Vine  Street,  top  of  hill  ; 

One  at  McMicken  Avenue  and  Browne  Street ; 

One  at  Colerain  and  Spring-Grove  avenues  ; 

One  near  Fairmount  Woolen  Mills  ; 

One  at  Eighth  Street  and  State  Avenue  : 

One  at  Warsaw  and  Glenway  avenues  ; 

One  at  Sixth  Street  and  State  Avenue  ; 

One  at  Reading  Road  and  Mount  Gregory  Street ; 

One  on  Pearl  Street,  between  Plum  and  Elm  streets  ; 
One  at  Public  Randing  ; 

One  at  Eastern  and  Delta  avenues  ; 

and  at  such  other  places  as  shall  be  from  time  to  time  desig- 
nated by  resolution  of  the  Board  of  Legislation. 

A RESOLUTION.  Passed  August  12,  1901. 

Resolved , That  that  the  mayor  is  hereby  requested  to  cause 
a change  of  location  of  the  watering-fountain  on  Queen  - City 
Avenue  near  Harrison  Avenue  to  Queen  - City  Avenue  about 
thirty  feet  west  of  Lawnway  Avenue. 

A RESOLUTION.  Passed  April  21,  1902. 

Be  it  resolved  by  the  Board  of  Legislation  of  Cincinnati : 

That  the  fountain  known  as  “Gamble  Fountain, ” located 
at  or  near  the  intersection  of  Harrison  Avenue  and  Epworth 
Avenue,  be  designated  as  a public  watering -fountain  for  man 
and  beast,  and  that  the  same  be  cared  for  in  the  same  manner 
as  other  public  watering-fountains  specially  mentioned  in  the 
ordinance  passed  July  27,  1894. 


148 


Ordinances  of  the  City  of  Cincinnati 


No.  6.  Passed  May  4,  1903. 

To  provide  for  the  care  of  watering- - fountains  in  the  City  of  Cin- 
cinnati. 

Be  it  ordained  by  the  Council  of  the  City  of  Cincinnati , State  of  Ohio: 

SEC.  1.  The  care  and  control  of  all  public  watering- 
fountains  for  man  and  beast  in  the  city  of  Cincinnati  is  hereby 
placed  in  the  Board  of  Public  Service. 

SEC.  2.  Any  person  injuring  or  damaging  any  public 
watering- fountain  for  man  and  beast  shall  be  deemed  guilty 
of  a misdemeanor,  and  shall  on  conviction  thereof  be  fined 
not  to  exceed  twenty  - five  dollars  and  the  costs  of  prose- 
cution. 

SEC.  3.  Sections  2,  3,  4,  and  5 of  an  ordinance  entitled 
“An  ordinance  to  provide  for  the  erection  and  maintenance  of 
public  watering-fountains  for  man  and  beast,”  passed  July  27, 
1894,  are  hereby  repealed. 

No.  576.  Passed  November  19,  1900. 

To  provide  for  the  erection  of  a monument  to  mark  the  location 
of  Fort  Washing-ton. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati : 

Sec.  1.  That  permission  be  and  hereby  is  granted  to  erect 
a monument  to  mark  the  location  of  Fort  Washington,  either 
in  the  sidewalk  on  Third  Street  or  in  Third  Street,  or  partly  in 
said  sidewalk  and  the  street,  between  Broadway  and  Ludlow 
Street,  as  the  committee  having  the  erection  of  such  monu- 
ment in  charge  may,  with  the  approval  of  the  Board  of  Public 
Service,  decide ; the  entire  work  to  be  done  to  the  satisfaction 
and  under  the  direction  of  the  Board  of  Public  Service  of  the 
city  of  Cincinnati,  Ohio. 


Ordinances  of  the  City  of  Cincinnati 


149 


NO.  751.  Passed  November  18,  1901. 

To  provide  for  the  depositing:  and  regulating-  the  manner  of  collect- 
ing- the  g-arbag-e,  etc.,  of  the  City  of  Cincinnati. 

Be  it  ordained  by  the  Board  of  ■ Legislation  of  Cincinnati: 

SEC.  1.  It  is  hereby  made  the  duty  of  the  occupant  or 
occupants  of  every  dwelling  - house  or  other  building  in  the 
city  of  Cincinnati  to  provide  a suitable  and  water-tight  box  or 
other  vessel,  of  a convenient  size  to  be  handled  by  the  garbage 
collector,  in  which  such  occupant  or  occupants  shall  cause  to 
be  placed  or  deposited  all  offal,  garbage,  and  refuse  animal  and 
vegetable  matter  of  the  premises.  Such  occupants  shall  keep 
such  box  or  other  vessel  in  the  alley  in  rear  of  such  premises, 
wherever  there  are  alleys  in  the  rear  of  such  premises,  or  at 
a place  on  the  premises  most  accessible  to  the  person  collect- 
ing the  garbage  and  offal  ; and  it  shall  be  unlawful  to  put 
any  but  refuse  animal  and  vegetable  matter  in  the  vessel  used 
for  garbage  and  offal.  Provided  that  if  the  said  receptacle  is 
placed  in  the  alley  it  shall  be  provided  with  a tight  cover, 
properly  closed,  and  shall  be  located  next  to  the  lot-line. 

Sec.  2.  The  word  “ garbage  ” shall  be  held  to  include  all 
refuse  of  animal  and  vegetable  matter  which  has  been  used  for 
food  for  man,  and  all  refuse  animal  and  vegetable  matter  which 
was  intended  to  be  so  used,  and  includes  condemned  food.  All 
garbage  shall  be  collected  in  water-tight  closed  metal  boxes, 
and  such  boxes  shall  be  purified  as  often  as  the  Board  of  Public 
Service  shall  direct,  and  shall  have  painted  thereon  the  word 
“ Garbage.” 

Sec.  3.  It  is  hereby  made  the  duty  of  the  contractor  with 
the  city  of  Cincinnati  for  the  collection  and  removal  of  garbage 
and  dead  animals  to  collect  and  remove,  in  accordance  with  the 
ordinances  and  contract  of  the  city,  all  garbage,  dead  animals, 
fish,  and  refuse  animal  and  vegetable  matter  found  within  the 
city  limits.  No  other  person  or  party  except  the  city  contractor 
or  its  agents  shall  carry,  convey,  or  transport  through  the 
streets,  alleys,  or  public  places  of  the  city  of  Cincinnati  such 


150 


Ordinances  of  the  City  of  Cincinnati 


materials ; and  it  shall  be  unlawful  for  any  person  to  interfere 
in  any  manner  with  the  collection  and  disposal  of  such  mate- 
rials by  the  city  contractor. 

SEC.  4.  It  shall  be  unlawful  for  any  person  to  deposit, 
throw,  or  place  any  garbage,  fish,  dead  animals,  or  refuse 
animal  and  vegetable  matter  in  any  avenue,  alley,  street,  or 
other  public  place  within  the  city  of  Cincinnati,  nor  shall  any 
person  place  such  materials  upon  any  private  property,  whether 
owned  by  such  person  or  not,  unless  the  same  shall  be  inclosed 
in  proper  vessels  or  boxes,  as  provided  in  Section  1. 

Sec.  5.  The  collection  and  removal  of  garbage  shall  be 
under  the  supervision  of  the  Board  of  Public  Service,  and  it 
shall  be  the  duty  of  the  Board  of  Public  Service  and  police 
department,  through  their  proper  officials  and  agents,  to  enforce 
the  provisions  of  this  ordinance. 

SEC.  6.  That  any  person  or  persons  violating  any  of  the 
provisions  of  this  ordinance  shall  be  deemed  guilty  of  a misde- 
meanor, and  upon  conviction  thereof  in  the  Police  Court  shall 
be  punished  by  a fine  of  not  more  than  fifty  dollars  and  the 
costs  of  the  prosecution.*' 


* This  ordinance  has  been  declared  “ void  and  of  no  effect  ” by  the  Circuit 
Court  of  Hamilton  County.  David  Bauer  was  charged  in  Police  Court  with 
transporting  garbage  through  the  streets  in  violation  of  the  following  portion 
of  Section  3 of  the  ordinance:  “No  other  person  or  party  except  the  city 
contractor  or  his  agents  shall  carry,  convey,  or  transport  through  the  streets, 
alleys,  or  public  places  of  the  city  of  Cincinnati  such  materials.”  Convicted 
in  the  Police  Court  and  fined  fifty  dollars  and  costs,  which  he  declined  to 
pay,  Bauer  was  committed  (technically)  to  the  Workhouse  to  serve  out  the 
fine  and  costs.  Habeas  corpus  in  his  behalf  was  sought  in  the  Insolvency 
Court,  where  the  ordinance  was  held  valid  and  the  application  denied; 
judgment  affirmed  in  Common  Pleas.  In  the  Circuit  Court  reversal  of 
judgment  was  sought  and  obtained,  on  the  ground  of  the  words  “includes 
condemned  food,”  in  the  second  section.  The  court  says:  ‘“Condemned  food 
which  has  not  been  abandoned  by  the  owner  and  has  a commercial  value  is 
not  liable  to  create  a nuisance.  . . . The  provision  that  no  person  may 

convey  through  the  streets  any  dead  animals  or  fish  without  regard  to  the 
cause  of  death  or  the  purpose  for  which  they  are  intended  to  be  used  is  open 
to  the  same  objection.” 


Ordinances  of  the  City  of  Cincinnati 


151 


No.  772.  Passed  December  30,  1901. 

Accepting-  the  hid  of  Marvin  H.  Chamberlin  and  John  B.  Corliss  of 
Detroit,  Mich.,  for  the  collection,  removal,  and  disposal  of  garbage, 
dead  animals,  and  animal  offal  from  dwellings,  hotels,  stockyards, 
slaughter-houses,  markets,  streets,  alleys,  lands,  lanes,  squares, 
and  public  places  of  the  City  of  Cincinnati,  as  provided  for  in  the 
specifications  under  which  said  bid  was  received. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati : 

Sec.  1.  That  the  bid  of  Marvin  H.  Chamberlin  and  John 
B.  Corliss  of  Detroit,  Mich.,  for  the  collection,  removal,  and 
disposal  of  garbage,  dead  animals,  and  animal  offal  from  dwell- 
ings, hotels,  stockyards,  slaughter-houses,  markets,  streets, 
alleys,  lands,  lanes,  squares,  and  public  places  of  the  city  of 
Cincinnati — said  bid  being  opened  on  December  11,  1901,  by 
the  committee  on  health  of  the  Board  of  Legislation — be  and 
the  same  is  hereby  accepted,  and  the  contract  for  said  work, 
in  accordance  with  the  specifications  upon  which  said  bid  was 
received,  is  hereby  awarded  to  the  said  Marvin  H.  Chamberlin 
and  John  B.  Corliss  of  Detroit,  Mich. 

Sec.  2.  The  Board  of  Public  Service  is  hereby  authorized 
and  directed  to  contract  with  said  persons  in  accordance  with 
said  bid,  and  in  accordance  with  the  specifications  under  which 
said  bid  was  received  and  opened.* 


SPECIFICATIONS  for  the  collection,  removal,  and  disposal  of  garbage,  dead 
animals,  and  animal  offal  from  dwellings,  hotels,  stockyards,  slaughter- 
houses, markets,  streets,  alleys,  lands,  lanes,  squares,  and  public  places 
of  the  City  of  Cincinnati. 

SEC.  1.  Bids  will  be  received  for  the  collection,  removal 
and  disposal  of  garbage,  dead  animals,  and  animal  offal  from 
dwellings,  hotels,  stockyards,  slaughter-houses,  markets,  streets, 
alleys,  lands,  lanes,  squares,  and  public  places  of  the  city  of 
Cincinnati  for  a period  as  follows  : For  the  collection,  removal, 

* Assigned  to  Cincinnati  Reduction  Company  by  consent  of  the  boards 
of  Legislation  and  Public  Service,  properly  approved.  (See  B.  of  L.  Minutes, 
January  27,  1902.)  Contract  and  transfer  sustained  in  Common  Pleas  (Judge 
Smith)  August  26,  1902. 


152 


Ordinances  of  the  City  of  Cincinnati 


and  disposal  of  garbage  for  a period  of  five  years  from  and  after 
June  1,  1902  ; and  for  the  collection,  removal,  and  disposal 
of  dead  animals  and  animal  offal  for  a period  of  about  three 
years  and  eleven  months  from  and  after  July  B,  1903  ; the 
entire  contract  to  terminate  on  the  31st  day  of  May,  1907. 

Sec.  2.  The  term  “garbage,”  wherever  it  occurs  in  these 
specifications,  means  all  refuse  of  animal  and  vegetable  matter 
which  has  been  used  for  food  for  man,  and  all  refuse  animal 
and  vegetable  matter  which  was  intended  to  be  so  used,  and 
includes  condemned  food.  The  term  “dead  animals  and  animal 
offal,”  wherever  it  occurs  in  these  specifications,  means  all 
dead  animals  or  parts  thereof  not  intended  to  be  used  as  food 
for  man. 

SEC.  3.  Collections  shall  be  made  daily  from  all  the  public 
markets,  hotels,  restaurants,  fish-markets,  butcher-shops,  hos- 
pitals, slaughter-houses,  produce  commission  houses,  and  from 
all  other  places  where  animals,  game,  or  fowls  are  killed  within 
the  city  ; provided,  however,  that  the  removal  of  dead  animals 
and  animal  offal  shall  be  at  such  hours  as  shall  be  prescribed 
by  the  health  officer. 

SEC.  4.  During  the  months  of  April,  May,  June,  July, 
August,  September,  and  October  collections  of  garbage  shall 
be  made  three  times  each  week  from  all  houses  in  the  resi- 
dential or  densely-populated  portion  of  the  city — this  territory 
to  be  designated,  from  time  to  time,  by  the  Board  of  Public 
Service,  through  its  superintendent  of  the  street  - cleaning 
department  — and  also  from  all  other  places  where  garbage 
may  accumulate  within  such  territory,  excepting  those  places 
mentioned  in  the  foregoing  paragraph.  In  all  other  portions 
of  the  city  two  collections  shall  be  made  each  week  in  all 
places  where  garbage  may  accumulate,  except  those  mentioned 
in  Section  3.  At  all  other  times  of  the  year,  except  the  months 
of  April,  May,  June,  July,  August,  September,  and  October, 
and  in  all  places  other  than  those  mentioned  in  Section  3,  two 
collections  shall  be  made  each  week.  All  collections  to  be 
made  at  regular  intervals  during  each  week  acceptable  to  the 


Ordinances  of  the  City  of  Cincinnati 


153 


Board  of  Public  Service ; but  under  no  circumstances  is  garbage 
to  be  collected  on  Sunday,  unless  otherwise  ordered  by  the 
Board  of  Public  Service.  The  contractor  shall  also,  immedi- 
ately upon  receiving  notice  of  any  animal  dying  from  disease, 
condemned,  or  unfit  for  food,  or  having  been  killed  by  accident, 
provide  for  its  removal. 

SEC.  5.  The  Board  of  Public  Service  shall  have  authority 
to  order  extra  collections  to  be  made  at  any  time  when  they 
deem  the  same  necessary. 

SEC.  6.  Dead  animals,  lying  upon  any  of  the  streets,  alleys, 
or  public  highways,  or  elsewhere,  must  be  removed  immedi- 
ately to  the  disposal  plant  upon  receiving  notification  thereof 
from  the  Board  of  Public  Service  or  police  department. 

SEC.  7.  Garbage  and  dead  animals  and  animal  offal  shall 
be  collected  in  and  transported  through  the  streets  of  the  city 
in  vehicles  with  water-tight  closed  metal  boxes,  the  same  to 
be  approved  by  the  Board  of  Public  Service,  and  shall  not  be 
changed  without  the  approval  of  said  board.  The  same  must 
be  disposed  of  in  a sanitary  manner,  by  the  reduction  method, 
not  prejudicial  to  the  public  health.  The  process  must  be  not 
only  not  offensive  or  noisome  in  its  operation,  but  must  also 
be  effective  and  sanitary  in  the  destruction  or  reduction  of 
garbage,  dead  animals,  or  animal  offal.  And  all  receptacles 
for  the  collection  of  said  garbage,  dead  animals,  and  animal 
offal  must  be  thoroughly  washed  after  unloading. 

Sec.  8.  All  collection  of  garbage  shall  be  made  within  the 
hours  of  5 A.  M.  and  4 p.  m.,  unless  otherwise  ordered  by  the 
Board  of  Public  Service. 

SEC.  9.  The  entire  work  of  collecting,  removing,  and  dis- 
posing of  garbage,  dead  animals,  and  animal  offal  shall  be  at 
all  times  accessible  to  the  members  of  the  Board  of  legis- 
lation and  Board  of  Public  Service,  or  their  authorized  repre- 
sentatives. 

SEC.  10.  The  city  will,  in  so  far  as  it  is  practicable  to  do 
so,  prevent  the  dumping  of  all  garbage,  dead  animals,  or  animal 
offal  within  the  city  limits. 


154 


Ordinances  of  the  City  of  Cincinnati 


SEC.  11.  The  city  agrees  on  her  part  to  prevent,  as  far  as 
may  be  lawful,  any  parties  other  than  the  contractors  from 
gathering,  hauling,  removing,  or  carrying  any  garbage,  dead 
animals,  or  animal  offal  within  the  city  limits. 

Sec.  12.  The  contractor  shall  have  the  right  to  the  use  of 
a wharf,  to  be  designated  and  provided  by  the  city,  free  of  any 
cost  whatever  to  the  contractor,  for  all  purposes  connected 
with  the  removal  of  such  garbage,  dead  animals,  and  animal 
offal. 

SEC.  13.  If  any  garbage,  dead  animals,  or  animal  offal  are 
to  be  disposed  of  by  the  contractor  within  the  city  limits,  the 
location  of  the  plant  for  the  disposition  of  the  same  must  be 
approved  by  the  Board  of  Public  Service. 

Sec.  14.  Each  bidder  shall  submit  with  his  bid  drawings 
distinctly  and  clearly  showing  his  method  by  which  it  is  in- 
tended to  dispose  of  the  garbage,  dead  animals,  and  animal 
offal ; but  no  bid  will  be  considered  which  contemplates  the 
dumping  of  such  material  either  within  or  without  the  corpo- 
rate limits  of  the  city  or  feeding  the  same  to  animals. 

SEC.  15.  Each  bidder  must  satisfy  himself,  by  his  own  ob- 
servations and  figures,  as  to  the  quantity  of  work  to  be  done, 
and  must  bid  to  collect,  remove,  and  dispose  of  all  garbage, 
dead  animals,  and  animal  offal  regardless  of  the  quantity  it 
may  be. 

SEC.  16.  Bidders  will  be  required  to  build  and  put  in  opera- 
tion, in  a sanitary  working  order,  a plant  or  plants  of  ample 
capacity  to  dispose  of  all  the  garbage,  dead  animals,  and  animal 
offal  collected  each  day  within  twenty-four  hours  after  its  col- 
lection ; work  to  be  begun  on  said  plant  or  plants  within  forty 
days  after  the  execution  of  the  contract,  and  to  be  completed 
at  least  fifteen  days  before  the  time  fixed  for  the  commence- 
ment of  the  work  under  these  specifications. 

Sec.  17.  All  receptacles,  carts,  or  conveyances  of  whatever 
kind  used  for  the  collection  and  removal  of  garbage,  dead 
animals,  and  animal  offal,  shall  be  so  constructed  and  loaded 
as  to  prevent  any  part  thereof  from  falling  on  any  of  the  streets, 


Ordinances  of  the  City  of  Cincinnati 


155 


alleys,  lanes,  or  public  highways  of  the  city,  and  each  of  them 
shall  be  kept  and  maintained  in  a clean  and  sanitary  condition, 
to  the  satisfaction  of  the  Board  of  Public  Service,  and  must 
have  the  name  of  the  contractor  and  the  number  of  the  wagon 
printed  on  each  side  of  the  same  in  letters  of  a size  to  be 
easily  read. 

Sec.  18.  No  money,  reward,  gratuity,  fee,  or  other  valuable 
consideration,  except  the  compensation  agreed  to  be  paid  by 
the  city,  shall  be  charged,  received,  or  taken  by  the  contractor, 
or  any  of  his  agents  or  employees,  for  doing  or  failing  to  do 
any  part  of  the  work  required  to  be  done  under  these  specifi- 
cations. 

Sec.  19.  The  contractor  shall  at  all  times  use  such  appli- 
ances, and  employ  such  or  so  many  men,  for  the  performance 
of  all  the  operations  connected  with  the  work  embraced  under 
these  specifications  as  will  secure  a satisfactory  rate  of  progress 
and  quality  of  work. 

SEC.  20.  Iu  case  it  shall  appear  at  any  time  that  the  work 
or  any  part  thereof  is  not  being  properly  done,  the  same  shall 
be  immediately  corrected  upon  the  demand  of  the  Board  of 
Public  Service  ; but  no  omission  on  the  part  of  the  Board  of 
Public  Service  to  notice  or  call  attention  to  such  defect  shall 
be  held  to  be  a waiver  of  said  right  of  said  board  to  do  so,  or 
from  directing  the  same  to  be  corrected  as  aforesaid. 

Sec.  21.  In  case  of  failure  by  the  contractor  to  comply  in 
any  respect  with  the  specifications  or  with  the  contract,  the 
Board  of  Public  Service  shall  have  the  right  and  power  and 
are  authorized  to  provide  for  the  collection,  removal,  and  dis- 
posal of  garbage,  dead  animals,  and  animal  offal  which  the 
contractor  shall  fail  to  collect,  remove,  or  dispose  of,  and  to 
charge  the  expense  to  the  contractor. 

Sec.  22.  If  any  employee  of  the  contractor  uses  improper 
language,  or  be  under  the  influence  of  liquor  while  on  duty,  or 
demand  pay  from  citizens  for  service  rendered,  or  falsify  any 
report  he  may  be  called  upon  to  make,  the  contractor  shall  at 
once  discharge  such  employee  from  his  service.  The  contractor 


156 


Ordinances  of  the  City  of  Cincinnati 


shall  not  knowingly  employ  on  any  work  under  his  contract 
any  person  who  has  been  discharged  in  compliance  with  the 
foregoing  requirement. 

SEC.  23.  The  contractor  shall  make  weekly  reports,  on 
blanks  approved  by  the  Board  of  Public  Service,  which  shall 
show  the  number  of  each  collection  district,  the  number  of 
each  vehicle  employed  therein,  and  the  number  of  full  loads 
and  parts  of  loads,  and  the  weight  of  each,  or  in  the  case  of 
dead  animals  the  number  and  species  collected.  Such  reports 
shall  show  also  the  number  of  men  and  of  horses  employed 
each  day  with  each  vehicle. 

SEC.  24.  All  work  shall  be  done  under  the  supervision  of 
the  superintendent  of  streeet  cleaning,  and  all  details  of  such 
work  as  are  not  herein  particularly  specified  shall  be  done  in 
a manner  acceptable  to  him. 

SEC.  25.  The  contractor  shall  have  and  maintain  telephone 
communication  with  the  office  of  the  Board  of  Public  Service, 
the  health  department,  the  police  department,  and  the  street- 
cleaning department  at  his  expense,  and  be  prepared  to  receive 
orders  at  any  time. 

Sec.  26.  No  person  shall  be  employed  by  the  contractor  as 
an  artisan,  mechanic,  or  laborer,  in  the  execution  of  any  part  of 
the  work  herein  provided  for,  who  shall  not  have  been  a bona 
fide  resident  of  the  city  of  Cincinnati  for  at  least  six  months 
prior  to  the  date  of  his  employment.  In  case  the  contractor 
knowingly  violates  this  requirement  of  the  specifications,  or  if 
after  notice  that  any  such  non-resident  is  so  employed  he  con- 
tinues to  employ  him,  the  city  will  retain  out  of  the  moneys 
due  to  the  contractor  under  said  contract  the  sum  of  two  dollars 
per  day  for  each  man  so  employed  contrary  to  the  terms  of  this 
agreement,  said  sum  of  two  dollars  per  day  for  each  of  such 
persons  being  deemed  and  held  to  be  liquidated  damages  for 
violation  of  the  contract.  Exceptions  to  this  rule  shall  be 
made  for  expert  workmen. 

Sec.  27.  The  employment  of  all  laborers,  workmen,  and 
mechanics  employed  upon  the  work  shall  be  limited  and  re- 


Ordinances  of  the  City  of  Cincinnati 


157 


stricted  to  eight  hours  in  each  and  every  calendar  day,  except 
in  cases  of  extraordinary  emergencies  caused  by  fire,  flood,  or 
danger  to  life  and  property  ; and  the  contractor  shall  agree 
that,  upon  violation  by  him  of  the  foregoing  stipulation,  he 
shall  be  liable,  by  way  of  penalty,  in  the  sum  of  ten  dollars  for 
each  laborer,  workman,  or  mechanic  for  each  and  every  calendar 
day  in  which  each  laborer,  workman,  or  mechanic  shall  labor 
more  than  eight  hours,  and  the  amount  of  such  penalty  or  pen- 
alties shall  be  withheld  by  the  Board  of  Public  Service  from 
any  money  or  moneys  due  or  to  become  due  to  said  contractor 
under  the  contract ; and  said  board  shall  not  rebate  or  remit 
any  penalty  or  penalties  imposed  under  the  foregoing  stipula- 
tion, unless  upon  a finding  which  said  board  shall  make  up  and 
certify  that  such  penalty  or  penalties  were  imposed  by  reason 
of  an  error  of  fact. 

SEC.  28.  Each  bid  shall  be  accompanied  with  a bond  in 
the  sum  of  ten  thousand  dollars,  properly  stamped  and  signed 
by  two  sureties,  for  the  acceptance  of  the  contract  if  awarded 
by  the  city  of  Cincinnati,  or  the  bidder  may  deposit  with  the 
city  clerk  in  lieu  of  such  bond  a certified  check  or  bank  certifi- 
cate of  deposit,  payable  to  the  city  of  Cincinnati,  or  cash  equal 
in  amount  to  the  bond  as  above  required  ; and  the  persons  to 
whom  the  contract  is  awarded  shall  enter  into  a bond  within 
ten  days  after  the  contract  has  been  awarded,  in  the  sum  of 
fifty  thousand  dollars,  to  faithfully  carry  out  the  contract. 

SEC.  29.  The  contractor  shall  indemnify  and  hold  harmless 
the  city  of  Cincinnati,  the  mayor,  the  Board  of  Legislation,  and 
the  Board  of  Public  Service  of  the  city  against  any  and  all 
claims  which  may  be  made  by  reason  of  any  infringement  of 
any  patent  right  in  the  use  of  any  machinery  or  apparatus 
necessary  in  the  disposal  of  the  garbage,  dead  animals,  and 
animal  offal  under  these  specifications  ; and  said  bond  shall 
also  indemnify  and  hold  harmless  the  mayor,  the  Board  of 
Legislation,  and  the  Board  of  Public  Service  of  the  city 
of  Cincinnati,  its  officers,  agents,  or  servants,  and  each  and 
every  one  of  them,  against  and  from  all  suits  or  actions  of 


158 


Ordinances  of  the  City  of  Cincinnati 


every  name  and  description  brought  against  the  city  of  Cin- 
cinnati, the  mayor,  Board  of  Legislation,  Board  of  Public 
Service,  or  any  of  its  officers,  agents,  or  servants  ; and  also 
from  damages  and  cost  to  which  it,  they,  or  any  of  them  may 
be  put  by  reason  of  injury  to  the  person  or  property  of  any 
other,  resulting  from  negligence  or  carelessness  or  otherwise 
in  the  performance  of  its  obligations  under  the  contract,  or 
from  any  defective  or  improper  appliances  used  in  the  per- 
formance of  the  same. 

SEC.  30.  All  labor  and  equipment  of  every  kind  necessary 
to  carry  out  the  provisions  of  these  specifications  shall  be 
furnished  by  and  at  the  expense  of  the  contractor,  including 
the  cost  of  constructing  the  plants  necessary  to  dispose  of  the 
garbage,  dead  animals,  and  animal  offal. 

SEC.  31.  When  the  contract  has  been  entered  into  it  shall 
be  absolutely  unassignable,  either  by  sale,  transfer,  or  partner- 
ship arrangement,  except  by  and  with  the  consent  of  the  Board 
of  Legislation  and  Board  of  Public  Service,  but  must  be  carried 
out  and  be  continuously  operated  by  and  for  the  benefit  of  the 
party  to  whom  said  award  is  made  ; and  if  at  any  time  it  can 
be  shown  that  there  has,  either  directly  or  indirectly,  been  any 
transfer,  or  that  the  party  to  whom  such  contract  was  awarded 
is  not  directly  or  indirectly  carrying  the  same  out  in  good  faith, 
and  receiving  all  the  benefits  and  bearing  all  the  responsibili- 
ties of  such  operation,  the  consent  of  the  Board  of  Legislation 
and  Board  of  Public  Service  not  having  been  given,  then 
the  contract  shall  cease  and  determine,  and  become  null 
and  void  ; and  if  so  voided  the  Board  of  Legislation  may 
proceed  at  once  to  advertise  for  proposals  for  a new  contract, 
and  order  suit  to  be  commenced  for  damages  for  the  breach 
of  said  contract. 

SEC.  32.  Monthly  payments  shall  be  made  to  the  contractor 
within  the  first  five  days  of  each  and  every  month  ; said  pay- 
ments to  be  upon  the  certificate  of  the  superintendent  of  the 
street -cleaning  department,  or  other  designated  agent  of  the 
Board  of  Public  Service,  approved  by  said  Board,  and  shall  be 


Ordinances  of  the  City  of  Cincinnati 


159 


apportioned  according  to  the  contract  price  for  each  year  during 
the  existence  of  the  contract. 

SEC.  33.  All  parts  of  these  specifications  are  intended  to 
be  explanatory  of  each  other,  but  in  case  any  misunderstanding 
or  doubt  as  to  the  meaning  of  any  of  the  provisions  thereof 
shall  arise,  the  same  shall  be  submitted  to  the  Board  of  Public 
Service  for  its  decision,  and  the  interpretation  of  said  board 
shall  be  final. 

SEC.  34.  The  Board  of  Legislation  reserves  the  right  to 
reject  any  and  all  bids. 

No.  3974.  Passed  September  28,  1887. 

To  provide  for  the  erection  of  the  Garfield  statue. 

Be  it  ordained  by  the  Common  Council  of  Cincinnati  (a  ma- 
jority of  all  the  members  elected  to  each  board  concurring), 
That  permission  is  hereby  granted  to  erect  the  Garfield  statue 
at  the  intersection  of  Race  Street  and  Garfield  Place  ; and  per- 
mission is  also  granted  to  open  Race  Street  at  above-named 
point  for  the  purpose  of  erecting  the  pedestal  of  said  monument. 
The  entire  work  to  be  done  under  the  direction  and  to  the 
satisfaction  of  the  Board  of  Public  Affairs. 

No.  544.  Passed  October  8,  1900. 

Prohibiting-  assemblages  for  public  meetings  in  Garfield  Place,  or 
upon  any  street,  alley,  or  sidewalk  within  one  hundred  feet 
thereof,  without  permit  of  the  mayor. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati  : 

SEC.  1.  That  the  assemblage  of  persons  in  Garfield  Place, 
or  upon  any  street,  alley,  or  sidewalk  within  one  hundred  feet 
thereof,  for  the  purpose  of  holding  a public  meeting,  without 
the  written  permit  of  the  mayor  first  obtained,  is  hereby  declared 
unlawful,  and  any  person  conducting  such  meeting  or  parti- 
cipating therein,  on  conviction  thereof,  shall  be  fined  in  any 
sum  not  exceeding  one  hundred  dollars.  All  permits  herein 
provided  for  are  revocable  at  any  time. 


160 


Ordinances  of  the  City  of  Cincinnati 


No.  341.  Passed  July  31,  1899. 

To  regulate  the  price  which  the  Cincinnati  Gas  Light  and  Coke  Com- 
pany may  charge  for  gas  furnished  to  the  citizens  and  public 
buildings  of  the  City  of  Cincinnati  for  and  during  the  ensuing 
period  of  ten  years. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati: 

SEC.  1.  That  for  the  period  of  ten  years  from  and  after  the 
passage  and  acceptance  of  this  ordinance  by  the  Cincinnati  Gas 
Light  and  Coke  Company,  said  company  may  charge  for  gas 
of  not  less  than  sixteen-candle  power  furnished  to  the  public 
buildings  and  to  the  citizens  or  private  consumers  of  the  city 
of  Cincinnati  for  illuminating  purposes  seventy-five  cents  per 
thousand  cubic  feet  if  paid  within  the  five  calendar  discount 
days  heretofore  allowed  ; if  not  so  paid,  then  eighty-five  cents 
per  thousand  cubic  feet. 

For  all  gas  supplied  and  used  exclusively  for  heating  or 
fuel  purposes,  through  a separate  service  and  meter,  fifty 
cents  per  one  thousand  cubic  feet  if  paid  within  specified  dis- 
count days  ; if  not  so  paid,  then  sixty  cents  per  one  thousand 
cubic  feet. 

And  the  Cincinnati  Gas  Light  and  Coke  Company  shall 
in  no  event  during  said  term  of  ten  years  charge  more  for  gas 
furnished  to  said  public  buildings  or  individuals  than  the  price 
herein  specified. 

And  the  ordinance  passed  July  15,  1892,  entitled  “An  ordi- 
nance to  regulate  the  price  which  the  Cincinnati  Gas  Light 
and  Coke  Company  may  charge  for  gas  furnished  to  the 
citizens  and  public  buildings  of  the  city  of  Cincinnati,”  is 
hereby  amended  and  modified  so  as  to  fix  the  price  for  gas  so 
furnished  at  the  price  herein  specified  during  the  remaining 
years,  or  the  unexpired  portion  of  said  term  of  years,  in  said 
ordinance  of  July  15,  1892,  which  remaining  years  are  to  be 
considered  as  and  to  be  part  of  the  term  stipulated  in  this 
ordinance  ; provided,  however,  that  nothing  herein  shall  inter- 
fere with  the  right  of  the  city,  under  its  contract  with  said 


Ordinances  of  the  City  of  Cincinnati 


161 


company  and  under  the  law,  to  purchase  said  company’s  prop- 
erty, interests,  and  works. 

SEC.  2.  This  ordinance  shall  take  effect  from  and  after  the 
earliest  period  allowed  by  law,  and  upon  its  acceptance  by  the 
said  the  Cincinnati  Gas  Tight  and  Coke  Company. 

[Accepted  August  21,  1899.] 


No.  489.  Passed  March  24,  1893. 

To  authorize  the  Cincinnati  Gas  Light  and  Coke  Company  to  erect 
and  maintain  gas-conduit  connections  over  and  across  Front  and 
Rose  streets. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati: 

SEC.  1.  That  the  Cincinnati  Gas  Tight  and  Coke  Company 
be  and  it  is  hereby  authorized  and  empowered  to  erect  and 
maintain  gas  conduits  at  two  points  over  and  across  Front 
Street,  between  Rose  and  Park  streets,  and  one  over  and  across 
Rose  Street,  north  of  Front  Street.  The  structure  supporting 
said  conduits  to  be  placed  at  a height  of  not  less  than  twenty 
feet  above  the  street  over  which  they  shall  pass,  and  to  be 
built  so  as  to  leave  the  roadway  between  curb-lines  entirely 
free  and  unobstructed,  and  to  be  of  such  form  and  strength 
as  to  meet  the  approval  of  the  chief  engineer  of  the  Board  of 
Administration. 

No.  4265.  Passed  September  13,  1889. 

To  authorize  the  Queen  City  Natural  Gas  and  Fuel  Company,  its 
successors  and  assigns,  to  lay  pipes  in  the  streets,  avenues, 
alleys,  lanes,  commons,  and  public  places  for  certain  purposes, 
and  under  the  terms  and  conditions  herein  stated. 

[Void  under  Section  6 thereof,  viz. : “ VI.  Should  such  company,  its 

successors  or  assigns,  neglect  or  fail  to  prosecute  with  reasonable  diligence 
the  work  of  bringing  natural  gas  or  of  supplying  manufactured  fuel  gas 
to  Cincinnati  for  the  foregoing  purpose,  and  are  not  at  the  end  of  one 
year  after  the  passage  of  this  ordinance  supplying  at  least  twenty  million 
cubic  feet  of  natural  gas,  or  if  natural  gas  can  not  be  so  furnished  then 
artificial  fuel  gas,  in  said  quantity  within  said  time  after  the  grant  for 
artificial  fuel  gas  can  be  made  use  of  hereunder  daily  to  the  citizens  of 
Cincinnati,  the  franchise  and  privilege  herein  shall  be  forfeited,  and  this 
ordinance  shall  become  null  and  void.] 


162 


Ordinances  of  the  City  of  Cincinnati 


NO.  1077.  Passed  July  20,  1896. 

To  regulate  the  handling  of  gasoline. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati: 

SEC.  1.  That  it  shall  be  unlawful  for  any  person  or  persons 
to  have  stored  in  their  house  gasoline  known  as  87  gravity 
deodorized  gasoline,  or  any  gasoline  that  is  of  a higher  gravity 
than  74  deodorized  gasoline;  and  it  shall  be  unlawful  for  any 
person  or  persons  to  have  gasoline  known  as  87  gravity  gaso- 
line in  their  possession  that  is  not  kept  in  some  kind  of  a vessel 
that  will  keep  the  gasoline  from  escaping. 

SEC.  2.  It  shall  be  unlawful  for  any  person  or  persons  to 
have  in  their  possession  gasoline  known  as  87  gravity  deodor- 
ized gasoline,  as  it  is  dangerous  to  life  and  property,  unless  the 
vessel  holding  the  gasoline  of  87  gravity  shall  be  placed  under 
ground  not  less  than  twenty-five  feet  from  any  building ; and 
the  gasoline  of  87  gravity  must  be  inclosed  in  some  kind  of 
span  inclosure,  such  as  a vault,  shed,  or  small  house,  built  in 
such  manner  as  to  protect  the  gasoline  from  fire.  Any  person 
or  persons  found  guilty  of  violating  this  ordinance  shall  upon 
conviction  in  the  Police  Court  be  fined  not  less  than  twenty-five 
dollars  nor  more  than  seventy-five  dollars. 

No.  106.  Passed  December  13,  1897. 

To  regulate  the  sale  of  gasoline  and  headlight  oil  in  the  City  of 
Cincinnati. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati: 

SEC.  1.  That  it  shall  be  unlawful  for  any  person  or  persons 
to  sell  or  deliver  in  the  city  of  Cincinnati  gasoline  or  headlight 
oil  unless  the  package  containing  said  gasoline  or  headlight  oil 
be  so  labeled  or  marked  as  to  designate  its  contents.  Each 
package  of  gasoline  shall  bear  on  the  outside  thereof,  in  a con- 
spicuous place,  printed  in  red  ink  on  white  paper,  the  words, 
“This  package  contains  gasoline”;  and  each  package  of  head- 
light oil  shall  bear  on  the  outside  thereof,  in  a conspicuous 
place,  printed  in  black  ink  on  white  paper,  the  words,  “This 


Ordinances  of  the  City  of  Cincinnati 


163 


package  contains  headlight  oil”;  and  the  words  “Gasoline” 
and  “Headlight  Oil”  shall  be  printed  from  gothic  types  not 
less  than  one  and  a half  inches  in  height ; and  the  word 
“Gasoline”  shall  occupy  not  less  than  five  inches  in  its  length, 
and  the  words  “Headlight  Oil”  shall  occupy  not  less  than 
nine  inches  in  their  length. 

SEC.  2.  Any  person  offending  against  any  of  the  provisions 
of  this  ordinance  shall,  on  conviction  thereof  in  the  Police 
Court,  be  fined  in  a sum  not  exceeding  twenty-five  dollars  for 
each  and  every  offense. 

Gasoeine-eighting  Contract. 

A contract  for  gasoline  lighting  for  five  years  with  Edward 
Dienst — at  the  rate  of  $15 . 95  per  lamp  per  year  for  lighting, 
$2.50  each  for  setting  iron  posts,  and  $2.50  each  for  setting 
wooden  posts — expired  March  19,  190-1. 

On  March  11,  1901,  the  Board  of  Legislation  adopted  the 
following : 

“ Resolved , That  the  present  contractor  for  lighting  by 
gasoline  be  and  he  is  hereby  requested  to  continue  lighting 
the  suburban  streets  of  this  city,  at  a price  not  to  exceed  that 
of  the  present  contract,  until  such  time  as  a new  contract  can 
be  entered  into  by  the  city  of  Cincinnati.” 

No.  37.  Passed  June  21,  1897. 

Granting-  to  the  Globe  Soap  Company  permission  to  erect  two  steel 
electric  poles  for  guy-ropes  in  Walnut  Street,  near  Water  Street. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati : 

Sec.  1.  That  there  is  hereby  granted  to  the  Globe  Soap 
Company  permission  to  erect  two  28-foot  steel  electric  poles 
for  guy-ropes  to  sustain  extension  of  the  smoke-stack  of  the 
plant  of  said  company,  to  be  located  as  follows  : One  on  the 
west  side  of  Walnut  Street  south  of  Water  Street,  and  one  on 
the  east  side  of  Walnut  Street  near  the  northeast  corner  of 
Walnut  and  Water  streets,  in  the  city  of  Cincinnati. 


164 


Ordinances  of  the  City  of  Cincinnati 


Sec.  2.  The  said  Globe  Soap  Company  shall  pay  for  all 
repairs  in  the  streets  for  the  locating  of  said  poles,  or  that  may 
be  hereafter  necessary  to  retain  said  poles  in  said  locations. 

SEC.  3.  Said  company  shall  execute  a bond  to  the  city  of 
Cincinnati  for  the  sum  of  five  hundred  dollars  to  save  the  city 
harmless  from  any  and  all  claims  for  damages  that  may  accrue 
or  be  lawfully  established  by  reason  of  the  placing  of  said  poles 
in  said  street,  and  for  the  faithful  compliance  with  all  and 
singular  the  provisions  of  this  ordinance. 

No.  1076.  Passed  July  20,  1896. 

Regulating-  the  use  of  gutter-plates,  etc. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati: 

SEC.  1.  That  the  owner  or  owners  of  any  premises  within 
the  limits  of  the  city  of  Cincinnati,  in  front  of  which  are 
located  crossings,  gutter-plates,  or  runways  over  the  gutters, 
shall  be  required  to  keep  the  said  gutters  clear  and  open  for 
drainage  under  the  said  gutter-plates,  and  to  that  end  shall  be 
required  to  clean  the  same  at  least  once  every  two  weeks,  and 
to  remove  from  the  same  any  refuse  or  obstruction  of  any  kind 
which  may  be  found  therein. 

SEC.  2.  Any  person  or  persons  violating  the  provisions  of 
this  ordinance  shall  be  deemed  guilty  of  a misdemeanor,  and 
shall  be  fined  in  the  Police  Court  not  more  than  ten  dollars 
for  each  offense. 

No.  571.  Passed  November  19,  1900. 

Requiring  removal  of  existing  gutter  - plates,  bridges,  and  covers, 
and  prohibiting  laying  of  new  ones. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati: 

SEC.  1.  That  the  owner  or  owners  of  any  premises  abutting 
on  any  improved  street  in  the  city  of  Cincinnati,  in  front  of 
which  are  located  gutter  - crossings,  either  bridges  or  plates, 
or  covers  of  any  other  kind,  shall  be  required  to  remove  the 
same,  and  restore  the  street  gutter  from  any  injury  by  reason 


Ordinances  of  the  City  of  Cincinnati 


165 


of  the  existence  of  the  gutter-covers  within  a period  of  sixty 
days  from  the  date  of  the  passage  of  this  ordinance  ; and  be 
it  further  ordained  that  it  shall  be  unlawful  to  construct  any 
new  covers  or  crossings  over  the  gutters  of  improved  streets 
in  the  city  of  Cincinnati,  and  such  construction  is  hereby 
prohibited. 

Sec.  2.  Any  person  or  persons  failing  to  remove  existing 
gutter-covers  or  bridges  in  front  of  premises  owned  or  controlled 
by  them,  or  who  shall  construct  or  cause  to  be  constructed 
a gutter  - cover  or  bridge  across  the  gutter  of  any  improved 
street  in  the  city  of  Cincinnati,  shall  be  deemed  guilty  of  a 
misdemeanor,  and  shall  be  fined  in  the  Police  Court  not  more 
than  twenty  dollars  nor  less  than  ten  dollars  for  each  offense  ; 
and  in  the  case  of  existing  gutter-covers  or  bridges  each  sixty 
days  or  fraction  thereof  succeeding  the  expiration  of  the  sixty 
days  after  the  passage  of  this  ordinance  will  be  deemed  a 
separate  offense. 

SEC.  3.  All  ordinances  or  parts  of  ordinances  heretofore 
passed  conflicting  herewith  be  and  the  same  are  hereby 
repealed. 

No.  406.  Passed  December  26,  1899. 

To  regulate  the  weighing  of  loose  hay. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati: 

SEC.  1.  That  every  weigher  of  loose  hay  in  this  city  shall 
in  weighing  loose  hay,  and  in  ascertaining  the  quantity  and  net 
weight  of  each  parcel  or  load  thereof  and  in  giving  a certificate, 
proceed  in  the  following  manner  : Bach  load  so  weighed  in 
gross  shall  have  pasted  upon  the  wagon  a certificate,  known 
as  Certificate  No.  1,  setting  forth  the  gross  weight  of  said  load, 
written  in  ink,  and  signed  by  the  weigher  in  ink,  which  cer- 
tificate shall  be  in  the  following  form  : 

Cincinnati, 

CERTIFICATE  OF  GROSS  WEIGHT. 

Eoad  of Gross 

[Signed] Weigher. 


166 


Ordinances  of  the  City  of  Cincinnati 


At  the  time  said  load  is  weighed  in  gross  and  said  certificate 
attached  there  shall  be  delivered  to  the  driver  of  the  wagon  a 
certificate,  known  as  Certificate  No.  2,  which  shall  be  in  the 
following  form,  and  upon  which  the  gross  weight,  written  in 
ink,  shall  be  set  forth  : 

Cincinnati, 

CERTIFICATE  OF  WEIGHT. 

Load  of Gross 

Tare 

Net 

See  that  this  certificate  corresponds  with  the 
ticket  pasted  on  the  wagon.  Order  the  empty 
wagon  to  be  weighed. 

[Signed] Weigher. 

After  the  load  shall  have  been  delivered  the  weigher  shall 
weigh  the  empty  wagon,  and  a certificate,  known  as  Certificate 
No.  3,  shall  be  pasted  upon  the  wagon,  setting  forth  the  tare 
weight,  written  in  ink,  which  certificate  shall  be  in  the  follow- 
ing form  : 

Cincinnati, 

CERTIFICATE  OF  TARE  WEIGHT. 

Load  of Tare 

[Signed] Weigher. 

At  the  time  Certificate  No.  3 is  pasted  upon  the  wagon  the 
weigher  shall  fill  in  upon  Certificate  No.  2 the  tare  weight  and 
net  weight,  written  in  ink,  which  said  Certificate  No.  2,  w7hen 
so  filled  out  in  correspondence  with  certificates  No.  1 and 
No.  3,  shall  be  taken  by  all  purchasers  and  sellers  as  giving 
the  true  net  weight  of  the  load  of  hay  so  weighed.  • 

SEC.  2.  Every  person  offending  against  any  of  the  pro- 
visions of  this  ordinance  shall  upon  conviction  thereof  be  fined 
in  any  sum  not  less  than  five  dollars  and  no  more  than  twenty- 
five  dollars,  with  costs  of  prosecution. 


Ordinances  of  the  City  of  Cincinnati 


167 


No.  103.  Passed  January  16,  1891. 

Prohibiting-  public  exhibitions  or  illustrations  of  hypnotism  or 
mesmerism. 

Be  it  ordained  by  the  Common  Council  of  Cincinnati : 

That  it  shall  be  unlawful  for  any  person  or  persons  to  give 
a public  exhibition  or  illustration  of  the  effects  of  hypnotism 
or  mesmerism  upon  any  human  subject,  and  any  person  or 
persons  giving  such  public  exhibition  or  performance  illus- 
trating the  effects  of  hypnotism  shall  be  deemed  guilty  of  a 
misdemeanor,  and  shall  be  subject  to  a fine  in  a sum  not  to 
exceed  five  hundred  dollars,  or  imprisonment  not  to  exceed 
thirty  days,  or  both  fine  and  imprisonment,  upon  conviction 
thereof  in  the  Police  Court ; and  the  beginning  of  such  exhi- 
bition or  illustration  of  the  effects  of  hypnotism  herein  provided 
against  shall  subject  the  person  or  persons  so  beginning  the 
exhibition  or  illustration  of  hypnotism  or  mesmerism  to  the 
penalty  herein  provided. 

No.  4274.  Passed  October  11,  1889. 

Prohibiting-  the  deposit  in  the  streets,  alleys,  or  public  places  of  ice 
that  has  been  used  on  dead  bodies. 

Be  it  ordained  by  the  Common  Council  of  Cincinnati : 

That  it  shall  be  unlawful  to  deposit  upon  any  of  the  streets, 
alleys,  or  other  public  ways  or  places  of  the  city  any  ice  that 
has  been  used  upon  dead  bodies  ; and  any  person  found  guilty 
of  so  doing  shall,  upon  conviction  thereof,  be  fined  in  any  sum 
not  exceeding  twenty-five  dollars  for  each  and  every  offense. 

No.  61.  Passed  July  31,  1891. 

To  regulate  the  manag-ement  of  the  City  Infirmary,  city  burying-- 
g-round,  and  the  g-ranting-  of  outdoor  relief  to  the  poor. 

Whereas , In  accordance  with  the  act  of  the  General  Assem- 
bly passed  March  26,  1891,  entitled  “An  act  supplementary  to 
and  amendatory  of  Title  12  of  the  Revised  Statutes  of  Ohio,” 
the  Board  of  Administration  heretofore  appointed  in  conformity 
with  said  act  shall  have  all  the  powers  and  perform  all  the 


168 


Ordinances  of  the  City  of  Cincinnati 


duties  heretofore  conferred  upon  and  required  of  the  board 
of  infirmary  directors  in  cities  of  the  first  grade  and  first 
class  : Therefore  be  it  ordained  by  the  Board  of  Legislation 
(a  majority  of  the  members  elected  thereto  concurring)  : 

SEC.  1.  That  the  said  Board  of  Administration  shall  have 
the  charge  of  the  City  Infirmary,  city  burying-ground,  and  the 
granting  of  outdoor  relief  to  the  poor,  with  power  to  do  all  acts 
which  may  be  necessary  for  the  prudent  and  efficient  manage- 
ment of  the  same. 

SEC.  2.  That  the  Board  of  Administration  be  and  is  hereby 
authorized  and  instructed  to  inter  in  the  city  burying-ground 
the  body  of  every  indigent  person  who  may  die  in  either  of 
the  institutions  of  the  city  sustained  by  private  contributions 
or  public  charity  ; provided  that  whenever  the  friends  of  the 
deceased  furnish  a private  burial-place  they  may  do  so,  in 
which  event  they  shall  only  provide  coffin  and  hearse. 

SEC.  8.  All  appointments  of  officers  and  employees  neces- 
sary for  the  prudent  and  efficient  management  of  said  City 
Infirmary,  city  burying-ground,  and  the  granting  of  outdoor 
relief  to  the  poor  shall  be  made  by  a majority  of  the  said  Board 
of  Administration  ; and  said  officers  and  employees  shall  be 
governed  in  all  respects  by  the  rules,  regulations,  and  directions 
of  said  board,  and  shall  hold  their  offices  during  the  pleasure 
of  said  board ; provided,  however,  that  all  nurses  and  employees 
of  the  infirmary  shall  be  recommended  for  appointment  by  the 
superintendent  thereof. 

Sec.  4.  Neither  the  members  of  said  board  nor  the  officers 
or  employees  appointed  by  them  shall  be  interested,  directly 
or  indirectly,  in  the  profits  of  any  concern,  contract,  or  job  for 
work  or  services  to  be  performed,  or  for  any  materials  to  be 
furnished  for  any  of  the  aforesaid  departments,  nor  shall  they 
be  entitled  to  any  perquisites  or  extra  compensation  besides 
their  salaries,  fixed  by  law  or  by  the  board,  for  any  duties 
performed  or  work  done  in  their  official  capacity. 

Sec.  5.  All  male  officers  appointed  by  them  shall  take  an 
oath  of  office  before  they  enter  upon  their  duties. 


Ordinances  of  the  City  of  Cincinnati 


169 


Sec.  6.  The  board  shall  provide  against  imposition  from 
paupers  not  properly  entitled  to  public  relief  and  from  paupers 
not  properly  belonging  to  this  city;  they  shall  not  admit  them 
into  the  City  Infirmary  except  in  very  extreme  cases,  but  take 
necessary  measures  to  prevent  their  settlement,  and  if  neces- 
sary provide  for  their  removal  to  their  legal  homes. 

SEC.  7.  The  board  shall  annually,  on  or  before  the  first  day 
of  February,  and  at  such  other  times  as  the  Board  of  Legislation 
may  ordain,  submit  to  the  mayor  and  the  Board  of  Legislation 
a full,  accurate,  and  detailed  report  of  the  condition  of  their 
finances,  in  so  far  as  the  management  of  said  City  Infirmary, 
city  burying-ground,  and  the  granting  of  outdoor  relief  to  the 
poor  are  concerned,  showing  the  receipts,  disbursements,  and 
number  of  applications  granted. 

SEC.  8.  All  moneys  levied  or  in  any  way  received  for  the 
purpose  of  the  City  Infirmary,  city  burying-ground,  or  the 
granting  of  relief  to  the  outdoor  poor,  as  also  all  moneys 
received  for  articles  sold  from  the  different  institutions,  shall 
be  paid  into  the  city  treasury,  and  shall  be  placed  to  the  credit 
of  the  City  Infirmary;  and  all  such  moneys  shall  be  exclusively 
appropriated  for  the  purpose  aforesaid,  and  shall  not  be  paid 
out  except  on  an  order  signed  by  at  least  two  members  of  said 
board,  and  countersigned  by  their  clerk. 

Sec.  9.  For  the  purpose  of  carrying  into  practical  operation 
the  several  provisions  of  this  ordinance,  the  said  board  shall 
prepare  such  rules  and  regulations  for  the  management  of  the 
City  Infirmary,  city  burying-ground,  and  the  granting  of  out- 
door relief  to  the  poor  as  they  may  deem  expedient ; also 
defining  the  duties  of  their  officers,  and  the  transaction  of 
business  at  the  city  office  of  said  infirmary.  Said  rules  and 
regulations  shall  be  posted  conspicuously  about  the  halls  and 
corridors  of  the  said  City  Infirmary  and  the  city  office  of  said 
City  Infirmary. 

Sec.  10.  Any  patient  discharged  from  the  Commercial 
Hospital,  and  by  the  board  of  trustees  of  said  hospital  or  by 
two  members  thereof  certified  to  be  entitled  to  admission  to 


170 


Ordinances  of  the  City  of  Cincinnati 


the  infirmary,  shall  be  admitted  on  such  certificate  without 
further  examination  or  certificate  by  said  board. 

Sec.  11.  That  “An  ordinance  to  regulate  the  management 
of  the  City  Infirmary,  city  burying-ground,  and  the  granting 
of  outdoor  relief  to  the  poor,”  passed  April  15,  1864;  an  ordi- 
nance “Providing  for  the  burial  of  indigent  persons,”  passed 
September  1,  1852 ; an  ordinance  “To  provide  for  the  appoint- 
ment of  overseers  of  the  poor,  and  to  fix  their  compensation,” 
passed  March  20,  1875;  an  ordinance  “Authorizing  the  Board 
of  Directors  of  the  City  Infirmary  to  inter  indigent  persons  in 
the  city  burying-ground,”  passed  December  6,  1867  ; also  all 
by-laws  and  rules  and  regulations  in  force  before  the  passage 
of  this  ordinance,  are  hereby  repealed,  and  this  ordinance  shall 
be  in  full  force  and  take  effect  on  and  after  the  earliest  period 
allowed  by  law. 

Sec.  12.  Provided,  however,  that  the  present  members  of 
Board  of  Infirmary  Directors  shall  until  the  expiration  of  their 
respective  terms  of  office  serve,  without  change  of  compensa- 
tion, in  conjunction  with  the  Board  of  Administration,  and  not 
otherwise,  in  the  management  of  the  affairs  of  such  infirmaries, 
having  powers  and  votes  equal  in  all  respects  to  the  powers  and 
votes  of  the  members  of  the  last  aforesaid  board  in  all  matters 
pertaining  thereto,  and  none  other. 

No.  492.  Passed  March  31,  1893. 

To  accept  the  bequest  of  Joanna  Peters  of  a thousand-dollar  United 
States  four-percent  bond  for  the  use  of  an  asylum  for  inebriates 
when  established. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati: 

Sec.  1.  That  whereas  Joanna  Peters,  under  the  fourth 
section  of  her  last  will  and  testament,  has  bequeathed  to  the 
city  of  Cincinnati  “a  bond  of  the  United  States  of  America 
of  one  thousand  dollars,  bearing  interest  at  four  per  cent  per 
annum,  to  be  held  in  trust,  with  all  its  interest  and  income,  and 
to  be  with  its  said  interest  invested  and  reinvested  at  interest 
from  time  to  time  as  may  become  necessary  or  advisable  until 


Ordinances  of  the  City  of  Cincinnati 


171 


such  time  as  there  shall  be  founded  and  established  in  the  city 
of  Cincinnati  or  its  vicinity  an  asylum  for  inebriates,  by  what- 
ever name  such  asylum  may  be  called ; and  when  such  asylum 
shall  be  founded  and  established  in  said  city  or  its  vicinity, 
then  to  pay  over  and  apply  to  the  support  of  such  asylum 
the  proceeds  of  said  thousand-dollar  United  States  four-percent 
bond,  and  all  its  increase  from  interest  or  otherwise  which 
may  have  been  accumulated  by  investing  and  reinvesting  the 
money  resulting  from  said  bond,  as  in  said  clause  directed.” 

Now,  then,  the  city  of  Cincinnati  hereby  accepts  said  be- 
quest upon  the  conditions  stated,  and  designates  the  Sinking 
Fund  Trustees  as  the  custodian  thereof,  for  the  uses  and  pur- 
poses above  set  forth. 

No.  253.  Passed  December  27,  1898. 

To  further  provide  for  the  regulation  of  proceedings  to  authorize 
public  improvements  in  the  City  of  Cincinnati. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati : 

Sec.  1.  That  to  further  provide  for  the  regulation  of 
proceedings  to  authorize  public  improvements  in  the  city  of 
Cincinnati,  it  shall  be  the  duty  of  the  corporation  counsel 
thereof  to  provide  the  Board  of  Administration  or  its  suc- 
cessors a certificate  which  shall  accompany  each  resolution 
to  contract  for  improvement  by  paving  or  sewerage  of  street, 
avenue,  or  other  public  way  where  the  expense  of  the  improve- 
ment involved  in  said  contract  and  the  damages  due  on  account 
thereof  are  to  be  assessed  upon  property.  Said  certificate  shall 
state  that  all  requirements  of  statutes  of  the  state  of  Ohio 
and  ordinances  of  the  city  of  Cincinnati  have  been  complied 
with  in  all  necessary  preliminary  proceedings  in  said  Board  of 
Administration  or  its  successor  and  said  Board  of  Legislation 
preceding  said  resolution  to  contract. 

Sec.  2.  That  no  such  resolution  to  contract  submitted  to 
the  Board  of  Legislation  shall  he  considered  by  said  board 
unless  it  shall  be  accompanied  by  such  certificate  of  the  cor- 
poration counsel,  as  provided  in  Section  1 hereof. 


172 


Ordinances  of  the  City  of  Cincinnati 


No.  454.  Passed  April  30,  1900. 

To  repeal  Section  18  of  an  ordinance  entitled  “An  ordinance  to 
create  a Board  of  Improvements,  and  prescribe  its  duties  and 
the  duties  of  officers  under  its  control,”  passed  June  28,  1869. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati: 

SEC.  1.  That  Section  18  of  an  ordinance,  No.  142,  entitled 
“An  ordinance  to  create  a Board  of  Improvements,  and  pre- 
scribe its  duties  and  the  duties  of  officers  under  its  control,” 
passed  June  28,  1869  (Coppock  and  Hertenstein’s  Ordinances, 
page  897),  be  and  the  same  is  hereby  repealed. 

No.  997.  Passed  December  22,  1902. 

To  determine  the  number  of  Directors  of  Public  Safety  in  the  City 
of  Cincinnati. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati: 

SEC.  1.  That  in  pursuance  of  the  authority  conferred  and 
the  duty  imposed  upon  this  board  by  an  act  entitled  “An  act  to 
provide  for  the  organization  of  cities  and  incorporated  villages, 
and  to  restrict  their  powers  of  taxation,  assessment,  borrowing 
money,  contracting  debts,  and  loaning  their  credit,  so  as  to 
prevent  the  abuse  of  such  powers,  as  required  by  the  constitu- 
tion of  Ohio,  and  to  repeal  all  sections  of  the  Revised  Statutes 
inconsistent  herewith,”  passed  by  the  General  Assembly  of 
Ohio  in  extraordinary  session  on  the  22d  day  of  October,  1902, 
it  is  hereby  determined  that  there  shall  be  four  directors  of 
Public  Safety  in  the  city  of  Cincinnati,  and  the  number  of  said 
directors  is  hereby  fixed  and  established  as  four. 

No.  998.  Passed  December  22,  1902. 

To  determine  the  number  of  Directors  of  Public  Service  in  the  City 
of  Cincinnati. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati : 

SEC.  1.  That  ill  pursuance  of  the  authority  conferred  and 
the  duty  imposed  upon  this  board  by  an  act  entited  “An  act 
to  provide  for  the  organization  of  cities  and  incorporated 
villages,  and  to  restrict  their  powers  of  taxation,  assessment, 


Ordinances  of  the  City  of  Cincinnati 


173 


borrowing  money,  contracting  debts,  and  loaning  their  credit, 
so  as  to  prevent  the  abuse  of  such  powers,  as  required  by  the 
constitution  of  Ohio,  and  to  repeal  all  sections  of  the  Revised 
Statutes  inconsistent  herewith,”  passed  by  the  General  Assembly 
of  Ohio  in  extraordinary  session  on  the  22d  day  of  October, 
1902,  it  is  hereby  determined  that  there  shall  be  five  directors 
of  Public  Service  in  the  city  of  Cincinnati,  and  the  number 
of  said  directors  is  hereby  fixed  and  established  as  five. 

No.  999.  Passed  December  22,  1902. 

To  fix  the  salaries  and  bonds  of  all  officers  to  be  elected  on  the 
first  Monday  in  April,  1903,  as  well  as  the  salaries  and  bonds 
of  the  Directors  of  Public  Safety  to  be  first  appointed  in  the 
City  of  Cincinnati. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati : 

Sec.  1.  That  in  pursuance  of  the  authority  conferred  and 
the  duty  imposed  upon  this  board  by  an  act  entitled  “An  act  to 
provide  for  the  organization  of  cities  and  incorporated  villages, 
and  to  restrict  their  powers  of  taxation,  assessment,  borrowing 
money,  contracting  debts,  and  loaning  their  credit,  so  as  to 
prevent  the  abuse  of  such  powers,  as  required  by  the  constitu- 
tion of  Ohio,  and  to  repeal  all  sections  of  the  Revised  Statutes 
inconsistent  herewith,”  passed  by  the  General  Assembly  of 
Ohio  in  extraordinary  session  on  the  22d  day  of  October,  1902, 
the  salaries  and  bonds  of  all  officers  of  the  city  of  Cincinnati  to 
be  elected  on  the  first  Monday  in  April,  1903,  and  the  salaries 
and  bonds  of  the  directors  of  Public  Safety  to  be  first  appointed 
in  said  city  under  the  act  above  referred  to,  shall  be  as 
follows  : 

Mayor — The  salary  of  the  mayor  shall  be  six  thou- 
sand dollars  per  annum,  and  he  shall  give  bond  in  the 
sum  of  twenty-five  thousand  dollars. 

President  of  Council — The  salary  of  the  presi- 
dent of  Council  shall  be  twenty-five  hundred  dollars 
per  annum,  and  he  shall  give  bond  in  the  sum  of  ten 
thousand  dollars. 


174 


Ordinances  of  the  City  of  Cincinnati 


CouNCiiyMEN — The  salary  of  each  member  of  Council 
shall  be  eleven  hundred  and  fifty  dollars  per  annum, 
and  he  shall  give  bond  in  the  sum  of  two  thousand 
dollars. 

Solicitor — The  salary  of  the  solicitor  shall  be  five 
thousand  dollars  per  annum,  and  he  shall  give  bond  in 
the  sum  of  ten  thousand  dollars. 

Auditor — The  salary  of  the  auditor  shall  be  five 
thousand  dollars  per  annum,  and  he  shall  give  bond  in 
the  sum  of  fifty  thousand  dollars. 

Treasurer — The  salary  of  the  treasurer  shall  be 
thirty-five  hundred  dollars  per  annum,  and  he  shall 
give  bond  in  the  sum  of  two  hundred  and  fifty  thousand 
dollars. 

Directors  of  Public  Service — The  salary  of  each 
director  of  Public  Service  shall  be  four  thousand  dollars 
per  annum,  and  he  shall  give  bond  in  the  sum  of  twenty- 
five  thousand  dollars. 

Directors  of  Public  Safety — The  salary  of  each 
director  of  Public  Safety  shall  be  twenty-five  hundred 
dollars  per  annum,  and  he  shall  give  bond  in  the  sum 
of  ten  thousand  dollars. 

No.  102.  Passed  January  16,  1891. 

To  facilitate  the  collection  of  license  fees. 

Be  it  ordained  by  the  City  Council  of  Cincinnati : 

Sec.  1.  That  the  owners  of  all  vehicles  used  upon  the 
streets  of  the  city,  except  cabs,  hacks,  sulkies,  buggies,  and 
carriages,  shall  be  required  to  exhibit  in  a conspicuous  place, 
upon  each  side  of  each  vehicle  for  which  annual  license  fees 
are  required  by  law  to  be  paid,  a tin-tag  sign,  to  be  furnished 
by  the  city  comptroller,  indicating  the  year  for  which  such 
license  has  been  taken  out. 

SEC.  2.  The  city  comptroller  is  hereby  required  to  furnish 
with  every  license  issued  for  every  such  vehicle  used  upon  the 


Ordinances  of  the  City  of  Cincinnati 


175 


streets  of  the  city  two  tin  tags,  having  printed  or  painted  thereon 
the  year  for  which  said  license  has  been  taken  out. 

Sec.  3.  It  shall  be  the  duty  of  the  comptroller  within  six 
months  preceding  any  year  to  advertise  for  sealed  proposals  to 
furnish  such  quantity  of  tin-tag  signs  as  may  be  estimated  by 
him  will  be  required  during  the  succeeding  year  ; to  contract 
for  their  delivery  with  the  lowest  and  best  bidder,  and  pay  for 
the  same  from  the  office  fund  of  the  comptroller. 

SEC.  4.  The  owner  of  any  vehicle  violating  the  provisions 
of  this  ordinance  shall  be  fined  not  less  than  twenty-five  dollars 
nor  more  than  fifty  dollars  for  each  day  upon  which  such  vehicle 
shall  be  used  upon  the  streets  of  the  city  without  exhibiting 
such  tin  tags. 

[Inoperative  under  statutes.] 

No.  163.  Passed  January  22,  1892. 

Imposing-  a license  of  twenty -five  dollars  per  annum  upon  itinerant 
photographers. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati : 

SEC.  1.  That  any  person  or  persons  engaged  in  the  business 
of  taking  photographs  or  pictures,  not  being  the  owner  of  a 
regular  photograph  gallery  located  within  the  city  of  Cincin- 
nati and  regularly  carrying  on  business  in  such  gallery,  shall 
be  required  to  pay  a license  fee  of  twenty-five  dollars,  the  said 
license  to  be  good  for  the  term  of  one  year  from  its  issue,  and 
to  be  issued  by  the  mayor  of  the  city. 

SEC.  2.  Any  person  or  persons  carrying  on  said  business 
of  taking  photographs  or  pictures  for  profit  without  the  license 
provided  in  the  preceding  section,  other  than  such  persons  as 
own  and  operate  a regular  photograph  gallery  within  the  said 
city  of  Cincinnati,  shall  be  deemed  guilty  of  a misdemeanor, 
and  upon  conviction  thereof  in  the  Police  Court  of  the  city  shall 
be  fined  in  any  sum  not  exceeding  fifty  dollars. 


176 


Ordinances  of  the  City  of  Cincinnati 


No.  246.  Passed  November  14,  1898. 

To  license  transient  dealers  and  persons  who  temporarily  open 
stores  or  places  for  the  sale  of  goods,  wares,  or  merchandise. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati : 

SEC.  1.  That  it  shall  be  unlawful  for  any  person  or  persons 
to  open  stores  or  places  for  the  temporary  sale  of  goods,  wares, 
or  merchandise  in  the  city  of  Cincinnati  without  having  first 
obtained  a license  therefor  in  the  manner  described  herein  ; 
provided  that  this  ordinance  shall  not  apply  to  persons  selling 
by  sample  only,  nor  to  any  agricultural  articles  or  products 
offered  or  exposed  for  sale  by  the  producer. 

SEC.  2.  Before  any  transient  dealer  or  person  who  opens  a 
store  or  place  for  the  temporary  sale  of  goods,  wares,  or  mer- 
chandise in  the  city  of  Cincinnati  shall  engage  in  such  business, 
he  shall  apply  to  the  auditor  of  such  city  for  a license  to  engage 
in  such  transient  business,  or  the  temporary  sale  of  goods, 
wares,  or  merchandise,  stating  in  his  application  the  par- 
ticular kind  of  temporary  business  in  which  he  proposes  to 
engage.  The  auditor  shall  issue  to  the  applicant  for  such 
license  a certificate,  stating  the  particular  kind  of  license 
for  which  application  has  been  made.  Said  certificate  shall 
be  delivered  to  the  city  treasurer,  who  shall,  upon  receipt 
of  the  sum  of  three  hundred  dollars,  give  a certificate  of 
payment  to  said  applicant.  Upon  the  presentation  of  said 
certificate  to  the  auditor  of  said  city  he  shall  issue  a license 
to  said  applicant  to  engage  in  such  business,  which  license 
shall  be  good  for  the  term  of  one  year  from  the  date  of 
its  issue. 

Sec.  3.  The  auditor  shall  have  the  authority  to  revoke 
such  license  at  any  time. 

SEC.  4.  Any  person  wdio  shall  violate  any  of  the  provisions 
of  this  ordinance  shall  be  deemed  guilty  of  a misdemeanor,  and 
upon  conviction  thereof  shall  be  punished  by  a fine  of  not  more 
than  one  hundred  dollars  nor  less  than  fifty  dollars  ; and  each 
day  that  such  store  or  business  is  conducted  without  such  license 
shall  be  held  to  constitute  a separate  offense. 


Ordinances  of  the  City  of  Cincinnati 


177 


SEC.  5.  Ordinance  No.  1155,  passed  January  18,  1897,  en- 
titled “An  ordinance  to  license  transient  dealers  and  persons 
who  temporarily  open  stores  or  places  for  the  sale  of  goods, 
wares,  or  merchandise,”  and  all  other  ordinances  or  parts  of 
ordinances  in  conflict  herewith,  are  hereby  repealed. 

No.  75.  Passed  October  11,  1897. 

Providing-  for  the  licensing-  of  all  keepers  of  stables  or  places  where 
horses  or  mules  are  temporarily  kept. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati : 

SEC.  1.  That  it  shall  be  nnlawfal  for  any  person,  firm,  or 
corporation  to  engage  in  the  business  of  keeping  or  maintaining 
any  stable  or  place  for  the  temporary  care  of  horses  or  mules 
until  he,  she,  or  they  shall  have  first  obtained  a license  as 
hereinafter  provided. 

Sec.  2.  All  persons,  firms,  or  corporations  who  provide 
for  the  temporary  care  of  horses,  mules,  or  teams  composed 
of  one  or  more  animals,  or  engage  in  the  business  of  such 
temporary  care  of  such  teams  for  profit,  shall  pay  an  annual 
license  of  fifteen  dollars  for  each  such  place. 

SEC.  3.  Said  license  shall  become  due  and  payable  in 
January  or  July  of  each  year,  and  shall  be  issued  for  one  year 
from  either  of  those  dates. 

SEC.  4.  Any  person  who  shall  violate  any  of  the  provisions 
of  this  ordinance  shall  be  deemed  guilty  of  a misdemeanor,  and 
upon  conviction  thereof  shall  be  fined  in  any  sum  of  not  more 
than  fifty  dollars. 

No.  214.  Passed  August  1,  1898. 

To  license  and  regulate  the  business  of  railroad  and  steamship 
ticket  brokers  or  scalpers  in  the  City  of  Cincinnati. 

[In  Court  of  Common  Pleas,  Davis,  J.,  September  26,  1898,  in  the  case 
of  Frank  v.  City,  No.  114,578,  this  ordinance  was  declared  illegal  and  void.] 


178 


Ordinances  of  the  City  of  Cincinnati 


No.  944.  Passed  October  13,  1902. 

Licensing-  the  traffic  in  tickets  of  admission  to  theaters,  opera-houses, 
music  - halls,  or  other  places  of  entertainment,  amusement,  or 
instruction. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati: 

SEC.  1.  Any  person  or  persons,  whether  as  principals  or 
agents,  carrying  on  or  engaged  in  the  business  of  trafficking 
for  profit  in  tickets  of  admission  to  any  theater,  opera-house, 
music-hall,  or  other  place  of  entertainment,  amusement,  or 
instruction,  to  which  tickets  of  admission  are  offered  for  sale 
to  the  general  public,  shall  be  required  to  pay  a license  fee 
of  five  thousand  dollars,  the  said  license  to  be  good  for  the 
term  of  one  year  from  its  issue  and  to  be  issued  by  the  mayor 
of  the  city. 

SEC.  2.  Any  person  or  persons,  whether  as  principals  or 
agents,  carrying  on  or  engaged  in  said  business  of  trafficking 
for  profit  in  such  tickets  of  admission  without  the  license  pro- 
vided in  the  preceding  section,  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction  thereof  in  the  Police  Court 
of  said  city  shall  be  fined  in  any  sum  not  exceeding  fifty  dollars 
for  each  offense. 

SEC.  3.  The  provisions  of  this  ordinance  shall  not  apply 
to  any  sale  or  transfer  of  such  tickets  of  admission  when  no 
greater  price  is  asked  or  received  therefor  than  that  for  which 
such  tickets  were  sold  or  offered  for  sale  by  the  persons  or 
corporation  issuing  such  tickets. 

No.  241.  Passed  November  30,  1903. 

To  provide  a license  for  carrying  on  the  business  of  pawnbroker 
within  the  city  limits,  and  to  provide  for  the  fee  to  be  paid  for 
such  license. 

Be  it  ordained  by  the  Council  of  the  City  of  Cincinnati , State  of  Ohio : 

SEC.  1.  No  person,  persons,  firm,  or  corporation  shall  en- 
gage in  the  business  of  pawnbrokerage  until  he,  they,  or  it 
shall  have  obtained  a license  therefor  in  accordance  with  the 
statutes  on  the  subject  and  as  hereinafter  provided. 


Ordinances  of  the  City  of  Cincinnati 


179 


SEC.  2.  Each  person,  persons,  firm,  or  corporation  shall 
pay  to  the  auditor  of  the  city  of  Cincinnati  a license  fee  of  two 
hundred  dollars  per  annum  previous  to  his,  their,  or  its  obtain- 
ing a license  to  carry  on  such  business  within  the  city  limits, 
as  hereinafter  provided. 

SEC.  3.  The  mayor  shall  grant  to  any  person,  persons,  firm, 
or  corporation  a license  to  engage  in  the  business  of  pawn- 
brokerage  for  one  year  from  and  after  the  date  of  such  license 
upon  payment  to  the  city  auditor  of  the  license  fee  herein- 
before provided  for. 

SEC.  4.  No  license  granted  or  issued  under  any  of  the  pro- 
visions of  this  ordinance  or  of  the  laws  of  Ohio  relating  thereto 
shall  be  in  any  manner  assignable  or  transferable  without  per- 
mission from  the  city  auditor  indorsed  thereon.  Every  such 
license  shall  specify  by  name  the  person,  persons,  firm,  or 
corporation  to  whom  or  which  it  shall  be  issued,  and  shall 
designate  the  particular  place  at  which  the  business  shall  be 
carried  on. 

SEC.  5.  Any  violation  of  the  provisions  of  this  ordinance 
or  of  the  statutes  relating  thereto  shall  be  punishable  according 
to  the  statutes  of  the  state  of  Ohio  thereon. 

No.  987.  Passed  September  13,  1895. 

To  designate  that  all  individual  persons,  wagons,  carriages,  or 
vehicles  of  any  kind  carrying  the  mails  of  the  United  States  of 
North  America  have  the  right  of  way  in  preference  to  all  other 
carriages,  wagons,  street  cars,  railroad  cars,  or  vehicles  of  any 
kind,  parades,  processions,  and  individual  persons  in  all  streets, 
alleys,  lanes,  squares,  and  other  public  ways  and  grounds  of  the 
City  of  Cincinnati,  Ohio. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati : 

Sec.  1.  That  all  individual  persons,  wagons,  carriages,  or 
vehicles  of  any  kind  carrying  the  mails  of  the  United  States 
of  North  America  in  the  city  of  Cincinnati  shall  have  the  right 
of  way  in  all  streets,  alleys,  lanes,  squares,  and  other  public 
ways  and  grounds  of  the  city  of  Cincinnati,  in  preference  to 
all  other  wagons,  carriages,  street  cars,  railroad  cars,  or  vehi- 
cles of  any  kind,  except  the  wagons,  carriages,  and  vehicles 


180 


Ordinances  of  the  City  of  Cincinnati 


of  the  fire  and  police  departments  of  said  city  and  the  salvage 
corps  maintained  in  said  city,  and  in  preference  to  all  parades, 
processions,  and  individual  persons;  and  it  shall  be  the  duty 
of  all  wagons,  carriages,  street  cars,  railroad  cars,  or  vehicles 
of  any  kind,  parades,  processions,  and  individual  persons  to 
clear  and  leave  free  the  street  for  the  passage  of  the  said  in- 
dividual persons,  wagons,  carriages,  or  vehicles  of  any  kind 
carrying  the  mails  of  the  United  States  of  North  America. 

SEC.  2.  Any  person  violating  this  ordinance  shall  be  sub- 
ject to  a fine  not  exceeding  one  hundred  dollars  nor  less  than 
five  dollars  and  the  costs' of  the  prosecution. 

MARKETS. 

Amendments  to  ordinances  found  in  Coppock  and  Hartenstein,  pp.  316-330, 
and  additional  ordinances  of  Board  of  Legislation  of  years  1887-1901. 

(See  Ordinance  No.  170,  passed  September  14,  1903.) 

Sec.  1.  As  finally  aynended. 

The  buildings  and  spaces  to  be  used  for  public  markets  in 
the  city  of  Cincinnati  shall  hereafter  be  as  follows,  viz.: 

Fifth  Street  from  the  west  side  of  Main  Street  to  the  east  side 
of  Vine  Street,  to  be  designated  as  Fifth-street  Market-space. 

Pearl  Street  from  Main  Street  to  Sycamore  Street  (on  both 
sides),  Pearl  Street  from  Sycamore  Street  to  Broadway  (on 
the  north  side  only),  and  four  hundred  feet  north  and  south 
of  Pearl  Street  on  Broadway,  to  be  designated  as  Pearl-street 
Market-space. 

Sixth  Street  from  east  side  of  Race  Street  to  Mound  Street, 
Mound  Street  from  Sixth  Street  to  Fifth  Street,  Fifth  Street 
from  Mound  Street  to  Baymiller  Street,  Third  Street  (north 
side)  between  Elm  and  Plum  streets,  and  McFarland  Street 
(south  side)  between  Elm  and  Plum  streets,  to  be  designated 
as  Sixth-street  Market-space. 

Court  Street  from  Main  Street  to  Freeman  Avenue,  and 
Walnut  Street  from  Ninth  Street  to  Canal  Street,  to  be  desig- 
nated as  Court-street  Market-space. 


Ordinances  of  the  City  of  Cincinnati 


181 


Elder  Street  from  Vine  Street  to  Elm  Street,  and  Elm 
Street  from  Findlay  Street  to  Green  Street,  and  Race  Street 
from  Green  Street  to  Findlay  Street,  to  be  designated  as 
Findlay  Market-space. 

Wade  Street  from  John  Street  to  Cutter  Street,  and  Cutter 
Street  south  to  Clinton  Street  and  north  to  Liberty  Street,  to 
be  designated  as  Wade-street  Market-space. 

Bluerock  Street  (south  side)  from  Apple  Street  to  Colerain 
Avenue  and  Colerain  Avenue  to  Hoffner  Street,  and  Apple 
Street  from  Bluerock  Street  to  Palm  Avenue,  to  be  desig- 
nated as  Bluerock-street  Market-space. 

Provided , that  it  shall  be  unlawful  for  any  persons  to  occupy 
any  stand  in  the  market  on  Third  and  McFarland  streets, 
between  Elm  and  Plum  streets,  or  in  the  streets  at  points 
immediately  contiguous  to  Third  and  McFarland  streets,  be- 
tween Plum  and  Elm  streets,  except  actual  and  known  farmers 
and  gardeners  who  shall  be  the  actual  producers,  each  from  his 
or  her  farm  or  garden,  of  the  products  exposed  for  sale. 

Any  person  offending  against  this  provision  of  this  ordi- 
nance shall  on  conviction  of  such  offense  be  subject  to  a fine 
not  to  exceed  ten  dollars  and  costs  of  prosecution,  at  the  dis- 
cretion of  the  court. 

SEC.  3.  As  finally  amended  by  Ordinance  of  Board  of  Legis- 
lation, No.  passed  Nov.  2 8 , 1898 , taking  effect  Feb.  5,  1899. 

Repealed  by  Ordinance  No.  579 , passed  Nov.  26,  1900. 

SEC.  4.  As  finally  amended  by  Ordinance  No.  39  of  Board 
of  Legislation,  passed  fidy  6,  1897. 

General  markets  for  the  sale  of  all  articles  usually  sold 
in  markets  shall  be  held  as  follows : Sixth  - street  Market 
on  Mondays,  Wednesdays,  and  Fridays,  from  daylight  in  the 
morning  to  11  A.  m.  ; and  Court-street  Market  on  Tuesdays, 
Thursdays,  and  Saturdays,  from  daylight  in  the  morning  to 
11  A.  m.:  and  Pearl  - street  Market  on  Tuesdays,  Thursdays, 
and  Saturdays,  from  daylight  in  the  morning  to  11  A.  m.  ; and 
Findlay  Market  on  Mondays,  Wednesdays,  and  Fridays,  from 


182 


Ordinances  of  the  City  of  Cincinnati 


daylight  in  the  morning  to  11  A.  M.;  and  Wade-street  Market 
on  Tuesdays,  Thursdays,  and  Saturdays,  from  daylight  in  the 
morning  to  11  A.  m.  ; and  Bluerock-street  Market  on  Mondays, 
Wednesdays,  and  Fridays,  from  daylight  in  the  morning  to 
11  A.  m.  The  market-hours  in  each  of  said  markets,  from  the 
first  day  of  October  to  the  first  day  of  April,  shall  be  from 
daylight  in  the  morning  to  11  o’clock  A.  M.  And  Saturday- 
evening  markets  shall  be  held  in  Sixth-street  Market  and  in 
Pearl  - street  Market  commencing  at  12:30  P.  m.  and  ending 
at  10  p.  M.,  and  in  the  Findlay  and  Bluerock-street  markets 
at  12:30  p.  m.  and  ending  at  11  P.  M.  And  the  superinten- 
dent of  markets  shall  cause  each  owner  of  wagons,  stands, 
or  stalls  who  occupy  the  streets  in  the  markets  to  sell  articles 
to  place  a sign  upon  his  stand,  with  his  name  and  residence 
or  place  of  business,  so  that  it  may  be  seen  and  read  from 
the  sidewalk. 

SEC.  5.  As  amended  by  Board  of  Legislation  November  26, 
1900 , Ordinance  No.  579. 

Sec.  10.  As  amended  by  Ordinance  No.  688  of  Board  of 
Legislation , passed  November  2f  1893 . 

How  Stands  assigned  to  certain  Dealers — Dealers  in  salted, 
cured  or  smoked  meats,  or  fish  puddings,  sausages,  cheese, 
butter,  eggs,  poultry,  prepared  fruits,  pickles,  preserves,  flour, 
meal,  nuts,  potatoes,  or  any  of  them,  shall  have  the  right,  on 
application  to  the  superintendent  of  the  markets,  to  have  a 
place  assigned  to  him  or  her  of  not  more  than  six  feet  in  length 
by  three  feet  wide,  measuring  along  the  curbstone  on  the  pave- 
ments, so  as  to  afford  said  dealer  in  such  articles  or  either 
of  them  a stand  for  a single  bench,  wagon,  or  other  vehicle; 
provided  there  shall  be  a space  left  vacant  on  the  sidewalk  and 
street  of  ten  feet  in  every  fifty  feet  of  street  and  sidewalk ; and 
provided  also  that  there  shall  be  a space  left  vacant  on  the 
sidewalk  and  street  of  ten  feet,  for  a run  or  passageway  for 
egress  and  ingress  for  all  premises  used  and  occupied  by  any 
person  or  persons  as  a livery  or  sale  stable,  undertaking  estab- 


Ordinances  of  the  City  of  Cincinnati 


183 


lishment,  fire-engine  house,  police -patrol  house,  or  salvage- 
corps  house. 

SEC.  21.  As  amended  by  Ordinance  No.  Ug2  of  Board  of 
Legislation , passed  January  31 , 1898. 

No  fresh  meat  shall  be  exposed,  sold,  or  offered  for  sale  in 
less  quantity  than  one  quarter  on  any  of  the  sidewalks  or  in 
any  of  the  streets  set  apart  as  market-spaces,  except  mutton  or 
lamb,  which  may  be  exposed,  sold,  or  offered  for  sale  in  any 
quantity  to  suit  seller  or  buyer. 

SEC.  34.  As  amended  by  Ordinance  No.  313  of  Board  of 
Legislation,  passed  July  22,  1892. 

Keepers  of  stalls,  benches,  or  stands  in  the  market-houses, 
or  in  the  streets  where  markets  are  held,  shall  within  one  hour 
after  the  ringing  of  the  bell  for  the  closing  of  the  markets  cause 
their  provisions  and  vehicles,  if  they  have  any,  or  any  thing 
that  was  placed  in  the  streets  by  them,  to  be  removed  from  the 
market-space,  together  with  all  animal  or  vegetable  or  other 
refuse  matter  dropped  on  the  streets  by  them,  and  each  butcher 
shall  cause  his  tables,  meat-blocks,  and  other  fixtures  to  be 
thoroughly  scraped  and  cleaned,  and  all  refuse  matter  to  be 
removed  from  the  market-space,  or  penalty  will  be  enforced. 

No.  70.  Passed  November  7,  1890. 

To  designate  a location  for  the  erection  of  a flower  - market  in 
accordance  with  the  will  of  Mary  E.  Holroyd,  deceased. 

Be  it  ordained  by  the  City  Council  of  Cincinnati : 

Sec.  1.  That  Sixth-street  Market-space,  between  Elm  and 
Plum  streets,  is  hereby  designated  as  the  location  for  the  erec- 
tion of  a flower-market  building,  to  be  called  the  Jabez  Elliott 
Flower-market,  in  accordance  with  the  terms  and  conditions 
of  the  last  will  and  testament  of  Mary  E.  Holroyd,  deceased, 
the  legacy  therein  bequeathed  to  the  city  of  Cincinnati  being 
hereby  accepted,  and  the  executors  of  said  will  having  requested 
its  location  at  said  place. 


184 


Ordinances  of  the  City  of  Cincinnati 


SEC.  2.  The  right  to  erect  and  forever  maintain  a flower- 
market  at  said  place  is  hereby  granted  to  the  executors  under 
the  said  last  will  and  testament  of  Mary  E.  Holroyd,  deceased, 
in  accordance  with  the  terms  and  conditions  therein  set  forth. 

Extract  from  the  Wire  of  Mary  E.  Holroyd.* 

I love  Cincinnati,  the  city  of  my  adoption,  and  if  practicable 
I would  be  glad  to  have  in  it  from  me  some  memorial  to  my 
deceased  husband,  Jabez  Elliott  ; and  as  I have  always  had  a 
tender  fondness  for  flowers,  and  believe  that  floriculture  tends 
to  refine  and  elevate  human  nature,  and  as  my  attention  has 
frequently  been  drawn  to  the  unsheltered  condition  of  the 
flowers  and  of  those  who  have  them  for  sale,  exposed  to  all 
weathers  in  our  open  market-spaces,  I would  like  to  erect 
in  Sixth-street  Market-space,  or  some  other  place  in  Cincin- 
nati which  shall  seem  suitable  to  my  executors,  a building, 
to  be  called  the  Jabez  Elliott  Flower-market,  which  shall  be 
ornamental  to  the  city,  and  a protection  to  the  flowers  and 
shrubs  which  may  be  brought  to  this  market  and  to  those 
who  may  have  them  for  sale. 

I therefore  give  and  bequeath  to  my  executors,  S.  Phelps 
Cheseldine  and  Clifford  B.  Wright,  and  to  the  survivor  of  them, 
ten  thousand  dollars,  in  trust  nevertheless  for  the  following 
purposes  only  : 

That  as  soon  as  may  be  after  my  decease  they  request  the 
proper  authorities  of  the  city  to  furnish  a suitable  location  in 
said  Sixth-street  Market-space  or  elsewhere  in  said  city  for 
the  erection  of  said  flower-market.  If  such  location  shall  be 
furnished  by  the  city  within  one  year  after  my  decease,  then 
said  trustees  shall  cause  plans  to  be  made  for  a suitable  build- 
ing, to  cost  when  completed  not  less  than  ten  thousand  dollars, 
which  plans  shall  be  submitted  to  the  proper  authorities  repre- 


* On  Friday,  May  2,  1890,  the  City  Council  resolved  “ that  the  city  au- 
thorities accept  said  munificent  gift.” 


Ordinances  of  the  City  of  Cincinnati 


185 


senting  the  city ; and  if  plans  satisfactory  to  said  trustees  shall 
be  approved  by  said  city  authorities,  said  trustees  shall  proceed 
at  once  to  erect  such  building,  according  to  such  plans,  on  the 
location  so  furnished. 

If  ten  thousand  dollars  should  be  found  insufficient  to  com- 
plete said  building  as  desired,  then  I give  and  bequeath  to  said 
trustees  a sufficient  sum  in  addition,  not  exceeding  five  thousand 
dollars,  to  complete  the  same. 

If  said  city  authorities  should  neglect  or  refuse  for  one  year 
after  my  death  to  furnish  a location  for  said  flower-market 
which  shall  be  acceptable  to  said  trustees,  or  if  said  authori- 
ties and  said  trustees  should  be  unable  to  agree  upon  a suitable 
plan  for  said  building,  then  this  bequest  shall  become  and  be 
absolutely  null  and  void,  and  the  fund  given  to  said  trustees 
as  above  shall  revert  to  and  become  a part  of  the  residue  of 
my  estate. 

If  said  flower-market  should  be  built  as  proposed,  then  I 
constitute  said  trustees  custodians  of  said  building  until  their 
successors  shall  be  appointed,  and  I authorize  them  and  their 
successors  to  make  all  needful  rules  and  regulations  for  the 
care  and  use  of  said  building  ; subject  always  to  such  regula- 
tions as  the  city  may  impose. 

Said  trustees  are  authorized  to  appoint  their  own  successors 
to  have  the  care  and  custody  of  said  building,  but  if  at  any 
time  the  trustees  then  acting  should  die  or  resign  without 
appointing  successors  or  a successor,  then  I wish  the  mayor 
of  the  city,  with  the  approval  of  the  Council,  to  appoint  the 
same. 

Said  trustees  and  their  successors  may  also  collect  such  rent 
or  license  fees  from  persons  who  are  permitted  to  use  said  build- 
ing as  a market-place  for  their  flowers,  etc.,  as  may  be  required 
to  maintain  said  building  and  keep  the  same  in  repair. 


186 


Ordinances  ofthe  City  of  Cincinnati 


IVn  170  Passed  September  14,  1903,  and  approved  over  Mayor’s 

* ' disapproval  October  5,  1903. 

Designating:  the  buildings  and  spaces  to  be  used  for  public  markets 
within  the  City  of  Cincinnati  and  regulating  the  use  of  the  same. 

SEC.  1.  The  following  buildings  and  spaces  shall  hereafter 
be  used  for  public  markets  in  the  city  of  Cincinnati,  to- wit : 

Fifth  Street  from  the  west  side  of  Main  Street  to  the  east 
side  of  Vine  Street,  to  be  designated  as  Fifth-street  Market- 
space. 

Pearl  Street  from  Main  Street  to  Sycamore  Street  (on  both 
sides),  Pearl  Street  from  Sycamore  Street  to  Broadway  (on  the 
north  side  only),  and  four  hundred  feet  north  and  south  of 
Pearl  Street  on  Broadway,  to  be  designated  as  Pearl -street 
Market-space. 

Sixth  Street  from  east  side  of  Race  Street  to  Mound  Street, 
Mound  Street  from  Sixth  Street  to  Fifth  Street,  Fifth  Street 
from  Mound  Street  to  Bay  miller,  Third  Street  (north  side) 
between  Elm  and  Plum  streets,  and  McFarland  Street  (south 
side)  between  Elm  and  Plum  Streets,  to  be  designated  as 
Sixth-street  Market-space. 

Court  Street  from  Main  Street  to  Freeman  Avenue,  and 
Walnut  Street  from  Ninth  to  Canal  Street,  to  be  designated  as 
Court-street  Market-space. 

Elder  Street  from  Vine  Street  to  Elm  Street,  and  Elm 
Street  from  Findlay  Street  to  Green  Street,  and  Race  Street 
from  Green  Street  to  Findlay  Street,  to  be  designated  as  Findlay 
Market-space. 

Wade  Street  from  John  Street  to  Cutter  Street,  and  Cutter 
Street  south  to  Clinton  Street  and  north  to  Liberty  Street,  to 
be  designated  as  Wade-street  Market-space. 

Bluerock  Street  (south  side)  from  Apple  Street  to  Colerain 
Avenue  and  Colerain  Avenue  to  Hoffner  Street,  and  Apple 
Street  from  Bluerock  Street  to  Palm  Avenue,  to  be  designated 
as  Bluerock-street  Market-space. 

SEC.  2.  The  days  and  hours  upon  which  said  markets  shall 
be  held  shall  be  as  follows:  Sixth -street  Market,  Findlay 


Ordinances  of  the  City  of  Cincinnati 


187 


Market,  and  Bluerock-street  Market  on  Mondays,  Wednesdays, 
and  Fridays,  from  daylight  in  the  morning  until  11  o’clock  A.  M.; 
Court -street  Market,  Pearl -street  Market,  and  Wade -street 
Market  on  Tuesdays,  Thursdays,  and  Saturdays,  from  day- 
light in  the  morning  to  11  o’clock  A.  m.;  Sixth-street  Market 
and  Pearl  - street  Market  on  Saturdays,  from  12:30  P.  m.  to 
10  p.  m.;  and  Findlay  Market  on  Saturdays,  from  12:30  P.  m. 
to  11  p.  M.;  except  on  New  Year’s,  Decoration,  Independence, 
Labor,  Thanksgiving,  and  Christmas  days,  when  all  the  markets 
shall  close  at  9 o’clock  a.  m. 

Sec.  3.  It  shall  be  unlawful  for  any  person  or  persons  to 
occupy  and  stand  in  the  market  on  Third  and  McFarland 
streets  between  Elm  and  Plum  streets,  or  in  the  streets  at 
points  immediately  contiguous  thereto,  or  in  Court  Street 
between  Cutter  Street  and  Freeman  Avenue,  or  in  the  streets 
at  points  immediately  contiguous  thereto  ; provided  that  this 
section  shall  not  apply  to  actual  and  known  farmers  and  gar- 
deners who  shall  be  the  actual  producers  from  his  or  her  farm 
or  garden  of  the  products  exposed  for  sale. 

SEC.  4.  It  shall  be  unlawful  for  any  person  or  persons  to 
erect  or  place  in  position  any  stand  to  be  used  in  said  markets, 
or  to  place  upon  the  sidewalks  or  streets  within  said  markets 
any  boxes,  packages,  or  articles  which  are  to  be  used  or  sold 
or  exposed  for  sale  in  said  markets,  or  place  in  position  for 
market  purposes  any  wagon  or  vehicle  of  any  kind  whatsoever, 
except  within  one  hour  preceding  the  time  for  opening  said 
markets  as  provided  herein,  and  said  stands,  boxes,  packages 
and  articles,  wagons  or  vehicles  shall  be  removed  within  one 
hour  after  the  close  of  said  markets  ; provided  that  the  placing 
of  wagons  or  vehicles  as  provided  in  this  section  shall  not  apply 
to  actual  and  known  farmers  and  gardeners,  as  designated  in 
Section  3 hereof. 

SEC.  5.  Any  person  or  persons  violating  any  of  the  pro- 
visions of  this  ordinance  shall  on  conviction  thereof  be  subject 
to  a fine  not  to  exceed  ten  dollars  and  costs  of  prosecution,  at 
the  discretion  of  the  court,  for  each  offense. 


188 


Ordinances  of  the  City  of  Cincinnati 


SEC.  6.  The  superintendent  of  markets  or  any  market- 
master,  or  any  one  designated  by  him  or  them,  are  hereby 
authorized  to  remove  any  stand,  box,  package,  article,  wagon, 
or  vehicle  which  is  placed  in  said  market  in  violation  of  Sec- 
tion 3 of  this  ordinance. 

Sec.  7.  An  ordinance,  No.  73,  passed  by  the  Council  of 
the  city  of  Cincinnati  on  the  20th  day  of  July,  1903,  and  all 
ordinances  or  parts  of  ordinances  conflicting  herewith,  are 
hereby  repealed. 

No.  286.  Passed  June  17,  1892. 

To  provide  ag-ainst  outcry  and  hawking-  of  groods  in  the  markets. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati : 

Sec.  1.  That  it  shall  be  unlawful  for  any  person  at  any 
market-stand  within  the  city  limits  to  solicit  trade  by  outcry, 
or  by  hawking  of  any  goods,  wares,  or  merchandise  ; and  any 
person  so  offending,  upon  conviction  thereof,  shall  be  fined  in 
any  sum  not  exceeding  fifty  dollars. 

No.  661.  Passed  October  27,  1893. 

Prohibiting-  the  ring-ing-  of  bells,  beating-  of  drums,  music,  or  other 
noises  for  advertising-  purposes  in  the  market  - spaces  during: 
market  - hours. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati : 

Sec.  1.  That  it  shall  be  unlawful  for  any  person  or  persons 
to  ring  bells,  beat  drums,  play  music,  or  make  other  noises 
for  the  purpose  of  advertising  any  ball,  picnic,  excursion,  or 
any  business  or  other  thing  in  the  market-spaces  of  the  city, 
or  the  streets  set  aside  for  market -spaces,  during  the  market- 
hours. 

SEC.  2.  Any  person  found  guilty  of  violating  this  ordinance 
shall  be  deemed  guilty  of  a misdemeanor,  and  upon  conviction 
thereof  in  the  Police  Court  fined  in  any  sum  not  exceeding 
ten  dollars. 


Ordinances  of  the  City  of  Cincinnati 


189 


No.  844.  Passed  October  19,  1894. 

To  sell  the  Sixth-street  Market-house,  and  to  authorize  the  building 
of  a new  market- house  on  the  site  thereof. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati : 

SEC.  1.  That  whereas  the  Sixth -street  Market -house  has 
become  unfit  for  further  use,  the  Board  of  Administration  is 
hereby  authorized  and  directed  to  sell  such  building  to  the 
highest  bidder,  the  same  to  be  taken  down  and  removed  from 
the  premises. 

SEC.  2.  That  the  Board  of  Administration  is  hereby  au- 
thorized to  have  plans  and  specifications  prepared,  and  make 
contracts  and  take  all  the  necessary  steps,  to  have  a market- 
house  built  on  the  site  of  the  present  Sixth-street  Market-house, 
in  accordance  with  such  plans  and  specifications,  at  a cost  not 
to  exceed  sixty  thousand  dollars  ; and  if  any  person  interested 
in  the  construction  of  said  market-house  shall  donate  to  the  city 
any  sum  of  money  for  such  purpose,  the  Board  of  Administration 
may  receive  and  expend  the  same  in  addition  to  the  amount  of 
sixty  thousand  dollars  of  the  city’s  funds  as  aforesaid. 

No.  59.  Passed  August  16,  1897. 

To  authorize  the  sale  of  the  Pearl-street  (Lower)  Market-house,  and 
the  erection  of  a new  market-house  on  the  site  thereof. 

Be  it  ordained  by  the  Board  of  Legislation  oj  Cincinnati  : 

Sec.  1.  That  whereas  the  Pearl -street  (Lower)  Market- 
house  has  become  unfit  for  further  use,  the  Board  of  Adminis- 
tration is  hereby  authorized  and  directed  to  sell  .said  building 
to  the  highest  bidder  therefor,  the  same  to  be  taken  down  and 
removed  from  the  premises. 

SEC.  2.  That  the  Board  of  Administration  is  hereby  au- 
thorized to  have  plans  and  specifications  prepared,  and  make 
contracts  and  have  all  necessary  steps  taken,  to  have  a market- 
house  built  on  the  site  of  the  present  Pearl -street  (Lower) 
Market-house,  in  accordance  with  such  plans  and  specifications, 
at  a cost  not  to  exceed  fifty-eight  thousand  dollars. 


190 


Ordinances  of  the  City  of  Cincinnati 


No.  153.  Passed  March  21,  1898. 

Increasing  the  appropriation  for  the  erection  of  a new  market-house 
in  Pearl -street  (Lower)  Market  from  fifty  thousand  dollars  to 
fifty  - eight  thousand  dollars,  and  amending  Section  2 of  Ordi- 
nance No.  59  of  the  Board  of  Legislation,  passed  August  16, 
A.  D.  1897. 

Whereas , By  an  act  of  the  General  Assembly  of  the  state 
of  Ohio  the  Board  of  Administration  has  been  authorized  to 
issue  bonds,  not  exceeding  sixty  thousand  dollars  in  amount, 
/to  raise  money  for  the  purpose  of  constructing,  erecting,  re- 
constructing, and  re -erecting  market -houses  in  the  city  of 
Cincinnati ; and 

Whereas , This  board  has  by  ordinance  numbered  59,  and 
passed  August  16,  A.  d.  1897,  directed  that  the  present  Pearl- 
street  (Lower)  Market -house  be  sold  to  the  highest  bidder, 
taken  down  and  removed  from  the  premises,  and  that  a new 
market-house  be  built  on  the  site  thereof  at  a cost  not  to 
exceed  fifty  thousand  dollars  ; and  has  by  an  ordinance  num- 
bered 124,  and  passed  January  24,  1898,  appropriated  the 
further  sum  of  two  thousand  dollars  for  the  erection  of  a 
temporary  market-house  for  use  during  the  time  of  erection 
of  the  new  house,  thus  leaving  unappropriated  the  sum  of 
eight  thousand  dollars  originally  contemplated  in  the  act 
providing  for  the  issue  of  bonds  heretofore  referred  to  in  this 
preamble  ; and 

Whereas , It  has  been  demonstrated  to  the  Board  of  Ad- 
ministration, by  the  numerous  bids  presented  to  them,  that  a 
suitable  market  - house,  such  as  contemplated  by  that  board 
and  by  the  architects  they  were  authorized  to  employ,  can  not 
be  erected  for  fifty  thousand  dollars  : Therefore  be  it  ordained 
by  the  Board  of  Legislation  of  Cincinnati : 

SEC.  1.  That  the  Board  of  Administration  of  the  city  of 
Cincinnati  be  requested  to  issue  the  remaining  eight  thousand 
dollars  of  bonds  under  the  act  heretofore  referred  to  ; and  is 
hereby  authorized  to  expend,  if  necessary,  eight  thousand 
dollars  in  addition  to  the  fifty  thousand  dollars  heretofore 
appropriated  for  this  purpose  and  to  this  end. 


Ordinances  of  the  City  of  Cincinnati 


191 


SEC.  2.  That  Section  2 of  said  ordinance  of  the  Board  of 
Legislation,  passed  August  16,  A.  d.  1897,  and  numbered  59, 
be  and  the  same  is  hereby  amended  so  as  to  read  as  follows  : 
“ SEC.  2.  That  the  Board  of  Administration  is  hereby  author- 
ized to  have  plans  and  specifications  prepared,  and  make 
contracts  and  have  all  necessary  steps  taken,  to  have  a market- 
house  built  on  the  site  of  the  present  Pearl -street  (Lower) 
Market-house,  in  accordance  with  such  plans  and  specifications, 
at  a cost  not  to  exceed  fifty-eight  thousand  dollars.” 

Sec.  8.  Said  original  Section  2 of  said  Ordinance  No.  59  is 
hereby  repealed. 

SEC.  4.  That  the  city  auditor  is  hereby  directed  to  draw  his 
warrants  on  the  city  treasurer,  in  amounts  not  to  exceed  fifty- 
eight  thousand  dollars,  in  payment  for  the  construction  of  said 
permanent  market-house  in  Pearl-street  (Lower)  Market. 

No.  124.  Passed  January  24,  1898. 

To  provide  for  the  erection  of  a temporary  market -house  for  the 
Pearl  - street  Market,  and  to  appropriate  two  thousand  dollars 
for  that  purpose. 

Whereas , By  an  act  of  the  General  Assembly  of  the  State 
of  Ohio  the  Board  of  Administration  of  the  city  of  Cincinnati 
has  been  authorized  to  issue  bonds,  not  exceeding  sixty  thou- 
sand dollars  in  amount,  to  raise  money  for  the  purpose  of 
constructing,  erecting,  reconstructing,  and  re-erecting  market- 
houses  in  said  city  ; and 

Whereas , This  Board  of  Legislation  has  by  ordinance  desig- 
nated the  Pearl -street  Market -honse  as  one  to  be  re-erected 
under  such  authority  at  an  expense  not  to  exceed  fifty  thou- 
sand dollars ; and 

Whereas , There  is  thus  left  at  the  disposal  of  the  boards 
having  control  of  the  money  raised  by  such  issue  of  bonds  and 
of  the  disposition  thereof  for  the  purpose  for  which  it  is  intended 
the  sum  of  ten  thousand  dollars ; and 

Whereas , There  will  be  a serious  inconvenience  to  the  public 
and  those  renting  and  occupying  stalls  in  the  Pearl  - street 


192 


Ordinances  of  the  City  of  Cincinnati 


Market-house,  which  is  about  to  be  removed  to  make  place  for 
the  new  and  permanent  structure,  unless  there  shall  be  tem- 
porary accommodations  provided  by  the  city  : Therefore  be  it 
ordained  by  the  Board  of  Legislation  of  Cincinnati  : 

SEC.  1.  That  the  Board  of  Administration  is  hereby  author- 
ized and  directed  to  cause  to  be  erected  on  the  space  on  Pearl 
Street,  west  of  the  present  market-house,  and  between  Sycamore 
Street  and  Main  Street,  a temporary  frame  market-house,  in 
time  for  occupation  by  those  occupying  stalls  in  the  present 
market-house  and  those  who  may  acquire  the  right  thereto,  to 
be  used  by  them  for  market  purposes  until  such  time  as  the  new 
and  permanent  structure  on  Pearl  Street,  between  Broadway  and 
Sycamore  Street,  shall  be  fully  ready  for  their  occupancy  and 
use,  and  the  sum  of  two  thousand  dollars  is  hereby  appropriated 
from  the  market-house  fund  for  that  purpose. 

SEC.  2.  To  this  end  the  Board  of  Administration  shall  have 
plans  prepared  by  the  architects  already  employed  for  the  per- 
manent structure,  and  shall  receive  bids  thereon,  and  award  the 
contract  therefor  to  the  lowest  and  best  bidder. 

No.  4027.  Passed  January  4,  1888. 

Providing-  for  the  sale  of  dressed  domestic  poultry. 

Be  it  ordained  by  the  Common  Council  of  Cincinnati: 

SEC.  1.  That  it  shall  be  unlawful  to  expose  for  sale  or 
to  sell  in  the  markets  or  elsewhere  in  the  city  of  Cincinnati 
dressed  domestic  poultry,  such  as  chickens,  turkeys,  ducks, 
geese,  etc.,  unless  the  same  shall  first  have  been  drawn,  and 
the  entrails,  crop,  and  craw  taken  therefrom. 

Sec.  2.  Any  person  violating  Section  1 of  this  ordinance 
shall,  on  conviction  thereof  in  the  Police  Court,  be  fined  in 
any  sum  not  exceeding  twenty  dollars. 


Ordinances  of  the  City  of  Cincinnati 


193 


NO.  141.  Passed  February  7,  1898. 

To  change  the  width  of  roadway  of  North  Pearl  Street  from  the 
east  curb  of  Sycamore  Avenue  to  the  west  curb  of  Broadway. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati : 

SEC.  1.  That  the  width  of  roadway  of  North  Pearl  Street, 
from  the  east  curb  of  Sycamore  Avenue  to  the  west  curb  of 
Broadway,  along  the  north  side  of  the  Pearl-street  Market- 
house,  be  changed  by  narrowing  the  same  5 . 24  feet  at  Syca- 
more Avenue  and  4.46  feet  at  Broadway,  said  change  to  be 
effected  in  connection  with  the  rebuilding  of  the  Pearl-street 
Market-house  by  moving  the  said  south  curb  of  said  North 
Pearl  Street  north  5.24  feet  at  Sycamore  Avenue  and  4.46  feet 
north  at  Broadway,  or  to  a line  52  feet  north  of  and  parallel  to 
the  present  north  curb  of  South  Pearl  Street,  between  the  east 
curb  of  Sycamore  Avenue  and  the  west  curb  of  Broadway. 

SEC.  2.  That  all  ordinances  or  parts  of  ordinances  conflict- 
ing herewith  be  and  the  same  are  hereby  repealed. 

No.  186.  Passed  May  81,  1898. 

To  repeal  Ordinance  No.  105,  entitled  “An  ordinance  to  authorize  the 
Northside  Market  Company  to  erect  a building  on  the  market- 
space  on  Bluerock  Street,  in  the  Twenty-fifth  Ward  of  Cincinnati, 
and  to  grant  to  said  the  Northside  Market  Company  certain  privi- 
leges therein,”  passed  September  18,  1891. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati: 

SEC.  1.  That  Ordinance  No.  105,  entitled  “An  ordinance  to 

authorize  the  Northside  Market  Company  to  erect  a building 

on  the  market-space  on  Bluerock  Street,  in  the  Twenty-fifth 

Ward  of  Cincinnati,  and  to  grant  to  said  the  Northside  Market 

Company  certain  privileges  therein,”  passed  September  18, 

1891,  be  and  the  same  is  hereby  repealed. 

No.  184.  Passed  May  31,  1898. 

To  regulate  the  markets  in  providing  for  funerals. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati : 

SEC.  1.  That  to  provide  for  the  convenience  of  families  and 
others  residing  in  houses  fronting  on  streets  in  which  estab- 


194 


Ordinances  of  the  City  of  Cincinnati 


lished  markets  are  held,  and  to  show  proper  respect  toward 
the  dead,  it  shall  be  the  duty  of  those  having  authority  in  the 
care  and  conduct  of  the  markets  to  require  that  a space  of  one 
hundred  feet  be  provided  and  made  clear  along  the  sidewalk, 
curb,  and  street  in  front  of  and  on  each  side  of  the  front  of  any 
house  in  which  funeral  services  may  be  held,  or  from  which  a 
funeral  may  take  its  departure  during  market-hours. 

Sec.  2.  The  board  having  control  and  direction  over 
the  marketmaster  and  his  assistants,  or  whatsoever  persons 
shall  be  in  authority  in  the  markets,  is  hereby  empowered  and 
directed  to  require  that  such  persons  having  such  authority 
shall,  upon  receiving  information  from  any  undertaker  or 
other  responsible  person  that  a funeral  is  to  take  place  in  any 
house  fronting  on  any  street  used  for  market  purposes  during 
the  hours  of  market  for  such  street,  see  to  and  provide  for  the 
enforcement  of  this  ordinance.  To  this  end  all  persons  having 
the  right  under  ordinance,  license,  or  regulation  to  have  their 
stands  or  wagons  in  front  of  such  house,  or  at  points  within 
fifty  feet  of  the  center  line  of  the  front  of  such  house,  on  either 
side  of  such  line,  shall  be  notified  and  required  to  vacate  such 
location,  so  that  there  may  be  a clear  space  of  one  hundred  feet 
in  front  of  and  immediately  contiguous  to  the  front  of  such 
house  during  an  entire  hour,  which  hour  shall  not  be  consid- 
ered to  have  elapsed  until  after  the  hearse  and  the  procession 
of  persons  attending  the  burial  of  the  dead  shall  have  departed 
from  such  house. 

Sec.  3.  Any  person  having  a stand  in  any  market  who  shall 
refuse  or  fail  to  comply  with  the  requirements  of  Section  2 
hereof,  after  proper  notice  to  so  vacate  the  space  occupied  by 
his  or  her  stand  or  wagon,  shall,  upon  conviction  thereof  in 
the  Police  Court,  be  fined  in  any  sum  not  less  than  ten  dollars 
nor  more  than  twenty  dollars,  at  the  discretion  of  the  court, 
and  be  assessed  the  costs  of  prosecution. 


Ordinances  of  the  City  of  Cincinnati 


195 


No.  209.  Passed  July  25,  1898. 

To  prevent  the  playing-  of  musical  instruments  transported  on 
wheels  in  the  market-places  of  the  City  of  Cincinnati. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati : 

Sec.  1.  That  it  shall  be  unlawful  for  any  person  to  pro- 
duce music  from  any  instrument  transported  on  wheels  in  the 
market-places  of  the  city  of  Cincinnati  during  market-hours. 

SEC.  2.  Any  person  offending  against  the  provision  of 
Section  1 hereof  shall  he  fined  not  less  than  five  dollars  nor 
more  than  twenty  dollars  upon  conviction  thereof. 

SEC.  3.  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  the  earliest  period  allowed  by  law. 

No.  267.  Passed  February  18,  1899. 

To  regrulate  the  occupancy  of  the  stalls  and  benches  in  the  various 
market-houses  of  the  city,  to  prevent  abuses,  etc.,  and  to  provide 
penalties  for  violation  of  same. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati : 

SEC.  1.  That  it  shall  be  unlawful  for  any  person  occupying 
a stall  or  bench  in  any  of  the  market-houses  of  this  city  to  use 
profane,  abusive,  or  indecorous  language,  or  utter  loud  cries, 
or  crowd  about  or  interfere  with  any  other  occupant  in  the 
transaction  of  his  or  her  legitimate  business,  or  to  throw  any 
missile,  refuse  meat,  vegetables,  or  other  article,  or  to  make 
indecent  remarks  or  comments,  or  apply  the  same  to  any  cus- 
tomer, person,  or  persons  who  may  be  passing  through  such 
market-house. 

SEC.  2.  Ally  person  offending  against  any  of  the  provisions 
of  this  ordinance  shall,  on  conviction  thereof  in  the  Police 
Court,  be  fined  not  more  than  ten  dollars,  together  with  the 
costs  of  prosecution. 


196 


Ordinances  of  the  City  of  Cincinnati 


No.  293.  Passed  April  10,  1899. 

To  provide  for  the  sale  and  removal  of  the  Wade  - street  Market- 
house. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati : 

SEC.  1.  That  whereas  the  Wade-street  Market-house  has 
become  unfit  for  further  use,  the  Board  of  City  Affairs  is  hereby 
authorized  and  directed  to  sell  such  building  to  the  highest 
bidder,  the  same  to  be  taken  down  and  removed  from  the 
premises. 

No.  295.  Passed  April  17,  1899. 

To  prevent  the  sale  of  fresh  meats  and  fish  on  the  sidewalks  and 
streets  set  apart  as  market-spaces  in  the  City  of  Cincinnati,  and 
providing-  penalties  for  violation,  etc. 

Be  it  ordained  by  the  Board  of  Legislatio?i  of  Cincinnati : 

SEC.  1.  That  it  shall  be  unlawful  for  any  person  to  sell, 
offer  to  sell,  or  expose  for  sale  any  fresh  meats  or  fish  in  any 
quantity,  either  at  wholesale  or  retail,  on  any  sidewalk  or  in 
any  of  the  streets  set  apart  as  market  - spaces  in  the  city  of 
Cincinnati. 

SEC.  2.  Any  person  who  shall  violate  any  of  the  provisions 
of  this  ordinance  shall  be  deemed  guilty  of  a misdemeanor, 
and  upon  conviction  thereof  shall  be  punished  by  a fine  of  not 
more  than  ten  dollars,  together  with  costs  of  prosecution. 

SEC.  3.  All  ordinances  or  parts  of  ordinances  conflicting 
with  any  of  the  provisions  of  this  ordinance  are  hereby  re- 
pealed. 

No.  540.  Passed  September  17,  1900. 

To  further  reg-ulate  the  holding-  of  markets  in  Sixth  Street. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati : 

Sec.  1.  That  in  Sixth  Street  the  public  markets  provided 
for  by  ordinance,  exclusive  of  those  in  the  market  - houses 
thereof,  shall  be  held  along  and  upon  the  north  side  of  said 
street  during  the  months  of  November,  December,  January, 


Ordinances  of  the  City  of  Cincinnati 


197 


February,  March,  and  April  of  each  year;  and  along  and  upon 
the  south  side  of  said  street  during  the  months  of  May,  June, 
July,  August,  September,  and  October  of  each  year;  and  no 
person  (having  a right  to  occupy  with  his  or  her  stand  any 
portion  of  the  market-space  of  Sixth  Street)  shall  be  permitted 
to  occupy  any  portion  of  the  north  side  of  said  street  or  any 
portion  of  the  south  side  of  said  street  except  in  the  months 
designated  for  those  sides,  respectively,  unless  he  or  she  shall 
secure  permission  so  to  do  from  the  occupant  of  the  store  in 
the  property  fronting  upon  the  portion  of  the  street  thus  to  be 
occupied  in  deviation  from  the  general  terms  of  this  ordinance. 

SEC.  2.  Any  person  violating  the  terms  of  Section  1 hereof 
shall  be  subject  to  a fine  of  not  exceeding  ten  dollars  and  the 
costs  of  prosecution. 

SEC.  3.  That  ordinance  No.  365,  passed  September  11, 
1899,  entitled  “An  ordinance  to  further  regulate  the  hold- 
ing of  markets  in  Sixth  Street,”  be  and  the  same  is  hereby 
repealed. 

No.  552.  Passed  October  15,  1900. 

To  prohibit  the  sale  of  live  poultry  in  a portion  of  Sixth -street 
Market. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati : 

Sec.  1.  That  it  shall  be  unlawful  to  have  for  sale  or  expose 
for  sale  or  to  sell,  within  that  portion  of  what  is  known  and 
designated  as  the  Sixth -street  Market,  on  Sixth  Street  from 
the  east  side  of  Race  Street  to  Central  Avenue,  live  domestic 
poultry,  such  as  chickens,  turkeys,  ducks,  geese,  etc. 

SEC.  2.  That  any  person  violating  Section  1 of  this  ordi- 
nance shall  on  conviction  thereof  in  the  Police  Court  be  fined 
in  any  sum  not  exceeding  twenty-five  dollars. 


198 


Ordinances  of  the  City  of  Cincinnati 


No.  579.  Passed  November  26,  1900. 

To  fix  the  rent  of  stalls  and  benches  in  the  various  market-houses 
of  the  City  of  Cincinnati,  and  providing  for  the  collection  of 
the  same.5 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati: 

Sec.  1.  That  the  city  auditor  of  the  city  of  Cincinnati  is 
hereby  empowered  to  rent  or  lease  for  the  period  of  one 
year  all  stalls  and  benches  that  are  now  or  that  may  here- 
after become  vacant  in  the  respective  market  - houses,  and 
said  auditor  may  permit  stalls  or  benches  to  be  used  for 
the  sale  of  fresh  and  smoked  fish,  oysters,  and  fresh,  salted, 
smoked  or  cured  meats,  sausages,  cheese,  butter,  flower, 
crackers,  meals,  nuts,  fruits,  and  vegetables  of  any  kind,  and 
for  no  other  purposes. 

Sec.  2.  That  the  rents  of  stalls  in  the  market-houses  of  the 
city  of  Cincinnati  shall  be  as  follows  : 

Sixth-street  Market-house $100  00  per  year. 

Pearl-street  Market-house 100  00  “ 

Court-street  Market-house 75  00  “ 

Findlay  Market 86  00  “ 

Wade-street  Market 25  00  “ 

Bluerock-street  Market 25  00  “ 

And  the  rents  of  outside  benches  and  stalls  in  the  market- 
houses  of  the  city  of  Cincinnati  shall  be  as  follows  : 

Sixth-street  Market $20  00  per  year. 

Pearl-street  Market 20  00  “ 

Court-street  Market 25  00  “ 

Findlay  Market 15  00  “ 

Wade-street  and  Bluerock-street  markets . 5 00  “ 

SEC.  8.  That  all  said  rents  shall  be  payable  quarterly  in 
advance  at  the  office  of  the  city  auditor  on  the  5th  day  of  May, 
August,  November,  and  February;  or  in  case  the  lease  of  any 
of  said  stalls  or  benches  shall  be  forfeited,  as  hereinafter  pro- 
vided, or  become  vacant  for  any  reason,  then  the  rent  from 


* Rents  in  market  - spaces  outside  market -houses  proper  are  fixed  by 
statute. 


Ordinances  of  the  City  of  Cincinnati 


199 


the  succeeding  occupant  or  lessee  shall  be  payable  in  advance 
until  the  time  of  the  first  regular  quarterly  payment  thereafter, 
and  shall  thenceforth  be  payable  quarterly  in  advance  on  the 
days  and  dates  above  mentioned. 

SEC.  4.  That  for  the  payment  of  said  rents  within  ten 
days  after  the  same  become  payable  a discount  of  five  per 
cent  shall  be  made  by  the  city  auditor,  and  for  any  delin- 
quency in  said  payment  after  the  expiration  of  said  ten  days 
a penalty  of  five  per  cent  upon  the  rent  of  any  stall  or 
bench  shall  be  added  by  the  auditor  and  collected  from  the 
delinquent  lessee  ; provided  further,  that  if  the  rent  of  any 
stall  or  bench  is  not  paid  within  thirty  days  after  the  expira- 
tion of  the  ten  days  following  the  date  upon  which  said  rent 
is  due  and  payable,  the  lease  of  said  stall  or  bench  shall  be 
declared  forfeited  by  the  city  auditor,  and  said  auditor  shall 
proceed  to  rent  said  stall  or  bench  as  other  vacant  stalls  or 
benches  are  rented. 

SEC.  5.  That  the  lessee  of  any  stall  or  bench,  at  the  expira- 
tion of  his  term  of  lease,  shall  have  the  preference,  provided 
all  dues  from  him  to  the  city  on  account  of  said  stall  or  bench 
have  been  paid,  to  lease  the  same  for  another  year,  at  the 
rent  fixed  by  this  ordinance  or  any  ordinance  or  resolution 
hereafter  passed  ; but  no  person  shall  hold  more  than  one  stall 
or  bench  at  the  same  time  in  any  of  the  markets. 

Sec.  6.  That  the  owners  or  occupants  of  benches,  stalls, 
stands,  or  wagons  in  the  various  market-houses  of  the  city  of 
Cincinnati  shall  provide  the  same  with  a suitable  vessel,  tub, 
or  barrel  to  hold  all  the  refuse  matter  which  accumulates  at 
the  said  benches,  stalls,  stands,  or  wagons,  and  shall  remove 
the  same  after  the  markets  close. 

SEC.  7.  Markets  may  be  held  daily,  Sundays  excepted,  in 
all  the  market-houses  of  the  city  of  Cincinnati  by  persons  rent- 
ing stalls  therein. 

SEC.  8.  That  Section  3 of  an  ordinance,  as  finally  amended 
by  ordinance  of  the  Board  of  Legislation,  No.  249,  passed 
November  28,  1898,  taking  effect  February  5,  1899,  and  an 


200 


Ordinances  of  the  City  of  Cincinnati 


ordinance,  No.  255,  passed  January  3,  1899,  together  with  all 
other  ordinances  in  conflict  with  this  ordinance,  be  and  the 
same  are  hereby  repealed. 

NO.  4032.  As  passed  Jan. 'v13,  1888,  and  amended  by  No.  4288,  passed  Oct.  25,  1889. 

To  regulate  milk-wagons. 

Be  it  ordained  by  the  Common  Council  of  Cincinnati: 

Sec.  1.  That  any  person  offering  milk  for  sale  from  a wagon 
shall  be  required  to  have  painted  on  both  sides  of  said  wagon, 
in  a conspicuous  place,  the  name  in  full  of  the  owner  thereof, 
the  number  of  his  dairy,  and  the  exact  location  of  the  same  ; if 
a street  the  number,  and  if  a road  or  pike  the  name. 

SEC.  2.  Any  person  driving  a wagon  with  milk  for  sale 
without  complying  with  Section  1 of  this  ordinance  shall  be 
guilty  of  a misdemeanor,  and  shall  be  fined  not  less  than  ten 
dollars  nor  more  than  fifty  dollars,  or  imprisoned  not  less  than 
ten  days  nor  more  than  sixty  days,  or  both,  at  the  discretion  of 
the  court,  on  conviction,  and  pay  the  costs  of  the  prosecution. 

No.  4082.  Passed  July  13,  1888. 

To  regulate  the  sale  of  milk. 

Be  it  ordained  by  the  Common  Council  of  Cincinnati: 

SEC.  1.  That  whoever,  by  himself  or  by  his  servant  or  agent, 
or  as  the  servant  or  agent  of  any  other  person,  sells,  exchanges, 
or  delivers,  or  has  in  his  custody  or  possession  with  intent  to 
sell,  exchange,  or  deliver,  or  exposes  or  offers  for  sale  or  ex- 
change adulterated  milk,  or  milk  to  which  water  or  any  foreign 
substance  has  been  added,  or  milk  from  diseased  or  sick  cows, 
shall  for  a first  offense  be  punished  by  a fine  of  not  less  than 
fifty  nor  more  than  two  hundred  dollars  ; for  a second  offense, 
by  a fine  of  not  less  than  one  hundred  dollars  nor  more  than 
three  hundred  dollars,  or  by  imprisonment  in  the  Workhouse 
for  not  less  than  thirty  nor  more  than  sixty  days;  and  for  subse- 
quent offense  by  fine  of  fifty  dollars,  and  by  imprisonment  in  the 
Workhouse  of  not  less  than  sixty  nor  more  than  ninety  days. 


201 


Ordinances  of  the  City  of  Cincinnati 

SEC.  2.  Whoever,  by  himself  or  by  his  servant  or  agent,  or 
as  the  servant  or  agent  of  any  other  person,  sells,  exchanges, 
or  delivers,  or  has  in  his  custody  or  possession  with  intent  to 
sell  or  exchange,  or  exposes  or  offers  for  sale  as  pure  milk,  any 
milk  from  which  the  cream  or  part  thereof  has  been  removed, 
shall  be  punished  by  the  penalties  provided  in  the  preceding 
section. 

Sec.  3.  No  dealer  in  milk,  and  no  servant  or  agent  of  such 
a dealer,  shall  sell,  exchange,  or  deliver,  or  have  in  his  custody 
or  possession  with  intent  to  sell,  exchange,  or  deliver,  milk 
from  which  the  cream  or  a part  thereof  has  been  removed,  unless 
in  a conspicuous  place,  above  the  center,  upon  the  outside  of 
every  vessel,  can,  or  package  from  which  or  in  which  such  milk 
is  sold,  the  words  “Skimmed  Milk”  are  distinctly  marked  in 
uncondensed  gothic  letters,  not  less  than  one  inch  in  length. 
Whoever  violates  the  provisions  of  this  section  shall  be  pun- 
ished by  the  penalties  in  Section  1. 

SEC.  4.  In  all  prosecutions  under  this  ordinance,  if  the  milk 
is  shown  upon  analysis  to  contain  more  than  eighty-seven  and 
one  half  per  cent  of  watery  fluid,  or  to  contain  less  than  twelve 
and  one  half  per  cent  of  milk  solids,  or  to  contain  less  than 
nine  and  three  tenths  per  cent  of  milk  solids,  exclusive  of  fat, 
it  shall  be  deemed  for  the  purpose  of  this  ordinance  to  be  adul- 
terated, and  not  of  good  standard  quality. 

No.  20.  Passed  June  20,  1890. 

To  further  regulate  the  sale  of  milk  in  the  City  of  Cincinnati. 

Be  it  ordained  by  the  City  Council  of  Cincinnati : 

Sec.  1.  That  no  person  shall  offer  or  have  for  sale  in 
the  city  of  Cincinnati  any  milk  from  cows  that  have  not  been 
put  upon  and  had  the  use  of  good,  wholesome,  and  sufficient 
pasturage  at  least  twelve  hours  in  every  twenty -four  hours 
each  day  during  the  months  of  May,  June,  July,  August,  and 
September  of  each  year. 

SEC.  2.  That  any  person  or  persons  violating  the  first 
section  of  this  ordinance  shall,  upon  conviction  thereof  in 


202 


Ordinances  of  the  City  of  Cincinnati 


the  Police  Court  or  other  court  having  jurisdiction,  be  fined 
in  any  sum  not  exceeding  one  hundred  dollars  nor  less  than 
twenty -five  dollars  and  the  costs  of  prosecution  for  each  and 
every  offense,  and  in  default  of  payment  thereof  shall  be 
imprisoned  until  the  same  be  paid. 


No.  246.  Passed  April  22,  1892. 

To  accept  the  gift  of  $50,000  from  Margaret  Y.  Schmidlapp  and 
J.  G-.  Schmidlapp,  in  memory  of  Charles  Schmidlapp,  deceased, 
in  trust  to  provide  music  in  Eden  Park  on  Sunday  afternoons. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati : 

Sec.  1.  That  whereas  Margaret  Y.  Schmidlapp  and  J.  G. 
Schmidlapp  have  offered  to  donate  to  the  city  the  sum  of  fifty 
thousand  dollars  to  provide  music  for  the  people  of  Cincinnati, 
on  Sunday  afternoons  in  Eden  Park,  upon  the  following  con- 
ditions, to-wit : 

The  principal  of  the  sum,  together  with  such  other  dona- 
tions as  may  be  made  to  it,  to  be  intrusted  to  the  trustees  of 
the  Sinking  Fund  of  the  city  of  Cincinnati  and  their  successors, 
to  be  by  them  invested  in  bonds  of  the  city  of  Cincinnati,  the 
income  of  such  investment  to  be  paid  semi-annually  to  a board 
of  five  trustees,  who  shall  expend  the  money  in  giving  free 
concerts  in  Eden  Park  on  Sunday  afternoons  when  the  weather 
permits,  said  trustees  to  have  complete  power  and  discretion 
as  to  all  matters  relating  to  such  concerts. 

Said  trustees  to  be  appointed  as  follows : One  by  the 

mayor  of  Cincinnati,  one  by  the  board  having  charge  of  the 
parks  of  Cincinnati,  one  by  the  trustees  of  the  Cincinnati 
Music  Hall  Association,  one  by  the  trustees  of  the  Cincinnati 
Art  Museum  Association,  and  one  by  the  Chamber  of  Com- 
merce of  Cincinnati ; and  in  case  of  any  vacancy  from  any 
cause  the  same  to  be  filled  by  appointment  by  the  same 
board,  officer,  body,  or  association  that  made  the  original 
appointment. 

If  there  remain  at  the  end  of  any  calendar  year  any  un- 
expended income,  the  same  shall  be  used  for  concert  music 


Ordinances  of  the  City  of  Cincinnati 


203 


in  other  public  parks  in  Cincinnati  on  Sundays  during  the 
summer  season. 

Said  gift  being  made  on  condition  that  the  city  accept  the 
fund,  and  allow  the  trustees  thereof  six  per  cent  per  annum,  or 
the  legal  rate  of  interest  thereon,  for  the  purpose  named.  Said 
fund  shall  be  known  as  the  Schmidlapp  Park  Music  Fund. 

Now,  then,  the  city  of  Cincinnati  accepts  said  donation 
upon  the  conditions  stated,  and  guarantees  and  agrees  to  pay 
to  said  trustees  as  aforesaid  a perpetual  income  on  said  fund 
equal  to  six  per  cent,  or  the  legal  rate  of  interest  as  it  may  be 
fixed  by  law  from  time  to  time,  said  interest  payable  semi- 
annually, upon  said  sum  of  fifty  thousand  dollars  for  the 
purposes  above  stated. 

Vote  of  Thanks. 

Whereas , Margaret  Y.  and  J.  G.  Schmidlapp  have  do- 
nated to  the  city  of  Cincinnati,  in  loving  memory  of  Charles 
Schmidlapp,  deceased,  the  sum  of  fifty  thousand  dollars,  the 
income  from  which  is  to  be  expended  for  free  concerts  in  Eden 
Park,  and  which  gift  has  been  accepted  by  the  Board  of  City 
Affairs  ; and 

Whereas , The  City  Council  of  the  city  of  Cincinnati  re- 
cognizes and  appreciates  the  public  spirit  of  this  action  : 
Therefore 

Resolved , That  this  body  concurs  in  the  action  of  the 
Board  of  City  Affairs  in  accepting  this  magnificent  gift,  and 
tenders  to  the  generous  donors  its  thanks  on  behalf  of  the 
whole  city,  represented  in  its  membership. 

Resolved , That  these  resolutions  be  spread  upon  the  min- 
utes of  Council,  and  that  copies  be  transmitted  by  the  city 
clerk  to  Margaret  Y.  Schmidlapp  and  J.  G.  Schmidlapp. 


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Ordinances  of  the  City  of  Cincinnati 


No.  152.  Passed  March  13,  1891. 

To  provide  for  a uniform  system  of  numbering-  houses. 

Be  it  ordained  by  the  City  Council  of  Cincinnati  : 

Sec.  1.  That  every  owner  of  a building  on  any  street, 
avenue,  or  alley  in  the  city  shall,  when  notified  of  the  proper 
number  of  such  building  by  the  chief  engineer  of  the  Board  of 
Public  Improvements,  place  the  same  in  a conspicuous  place 
on  the  front  of  such  building.  One  whole  number  shall  be 
allowed  on  every  twenty-five  feet  of  ground  wherever  practi- 
cable, whether  improved  or  vacant,  provided  that  any  house  or 
tenement  with  a less  front  than  twenty-five  feet  shall  receive  a 
whole  number  ; and  that  all  streets,  avenues,  or  alleys  running 
north  and  south  shall  number  from  the  river  or  the  commence- 
ment of  said  street  nearest  thereto  with  odd  numbers  on  the 
west  side  and  even  numbers  on  the  east  side  of  said  street, 
avenue,  or  alley  ; and  all  streets,  avenues,  or  alleys  running 
east  and  west  shall  be  numbered  east  from  Vine  Street  or  the 
terminus  of  said  street  nearest  thereto,  and  west  from  Vine 
Street  or  the  terminus  of  said  street  nearest  thereto,  with  odd 
numbers  on  the  south  side  and  even  numbers  on  the  north  side 
of  said  street,  avenue,  or  alley  ; and  in  numbering  said  streets, 
avenues,  and  alleys  one  hundred  numbers  shall  be  allowed  to 
each  block  of  the  usual  length  of  blocks,  so  that  the  number 
of  each  consecutive  block  shall  commence  with  consecutive 
hundreds  and  one. 

SEC.  2.  That  it  shall  be  unlawful  for  any  person  to  take 
down,  alter,  or  deface  any  number  assigned  and  put  up  as 
aforesaid,  or  to  retain  an  improper  number,  or  to  substitute  any 
other  number  on  such  building  than  the  one  given  by  virtue 
of  this  ordinance,  and  for  the  purpose  of  carrying  out  its 
provisions. 

SEC.  3.  Any  person  or  persons  violating  the  provisions  of 
this  ordinance  shall,  on  conviction  thereof  before  the  Police 
Court,  be  fined  in  any  sum  not  exceeding  twenty-five  dollars 
for  each  and  every  offense,  with  costs  of  prosecution. 


Ordinances  of  the  City  of  Cincinnati 


205 


Sec.  4.  An  ordinance  passed  September  15,  1865,  entitled 
“An  ordinance  to  provide  for  a uniform  system  of  numbering 
houses,”  is  hereby  repealed. 

No.  219.  Passed  August  22,  1898. 

To  prevent  interference  with  the  movement  of  parades  throug-h  the 
streets  of  the  city. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati: 

SEC.  1.  That  it  shall  be  unlawful  for  any  person  or  persons 
to  break  through  the  rope,  wire,  or  line  established  by  the 
police  for  the  protection  of  parades  passing  along  any  of  the 
streets  of  the  city. 

SEC.  2.  That  it  shall  be  unlawful  for  any  person  or  persons 
to  interfere  in  any  way  with  the  movement  of  parades,  proces- 
sions, or  other  bodies  permitted  to  march  upon  any  of  the 
streets  of  the  city. 

SEC.  3.  That  any  person  violating  any  of  the  provisions  of 
this  ordinance  shall,  upon  conviction  in  the  Police  Court  of  the 
city  of  Cincinnati,  be  fined  in  any  sum  not  exceeding  twenty- 
five  dollars  or  imprisoned  for  a term  not  exceeding  thirty  days, 
or  both,  in  the  discretion  of  the  court. 

No.  52.  Passed  July  24,  1891. 

To  prevent  posting-  of  pictures  or  illustrations  of  an  unbecoming-, 
obscene,  or  immoral  character. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati : 

SEC.  1.  No  person,  firm,  or  corporation  carrying  on  the 
business  of  bill-posting  shall  within  the  limits  of  the  city  of 
Cincinnati  post  or  cause  to  be  posted,  so  that  the  same  can  be 
seen  from  the  streets,  alleys,  or  other  public  places  of  said  city, 
any  advertisement  containing  pictures  or  illustrations  of  an  un- 
becoming, obscene,  or  immoral  character,  under  a penalty  of 
not  less  than  twenty- five  nor  more  than  two  hundred  dollars. 

Sec.  2.  It  shall  be  the  duty  of  the  mayor  to  revoke  the 
license  of  any  bill-poster  who  may  be  found  violating  the  pro- 
visions of  this  ordinance. 


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Ordinances  of  the  City  of  Cincinnati 


No.  1186.  Passed  March  22,  1897. 

To  license  plumbers  and  regulate  the  construction  of  plumbing. 

[This  ordinance  is  not  printed  in  this  connection,  for  the  reason  that  it  appears  to  have 
been  in  part  repealed  by  Ordinance  No.  218  (see  pp.  52-74),  and  therefore  is  not  recognized 
by  the  inspector  of  buildings,  and  has  been  in  part  rendered  invalid  by  a court  decision. 
In  the  case  of  the  State  of  Ohio  ex  rel.  Buddenberg  v.  Tooker,  Inspector,  No.  110,620  Court 
of  Common  Pleas,  Hamilton  County,  Ohio  ^reported  in  the  Cincinnati  Court  Index,  Vol.  5, 
No.  234),  the  court  held  that  the  following  portion  of  Section  8 of  Ordinance  No.  1186  was  in 
conflict  with  the  provisions  of  Section  2575-111  of  the  statutes  of  Ohio,  and  was  therefore 
invalid  and  void,  to-wit : “ The  said  line  of  sewerage  may  be  laid  by  a licensed  sewer- 
tapper  to  within  three  feet  of  outside  foundation  of  building,  but  no  connections  can  be 
made  to  any  part  of  house  drainage.  All  connections  must  be  made  by  a properly  licensed 
plumber.”  The  decision  was  expressly  confined  to  that  portion  of  the  ordinance  quoted.] 


No.  4067.  Passed  May  4,  1888. 

Creating  the  office  of  interpreter  of  the  Police  Court,  and  prescribing 
duties  and  fixing  compensation. 

Be  it  ordained  by  the  Common  Council  of  Cincinnati : 

SEC.  1.  That  the  office  of  interpreter  of  the  Police  Court 
of  Cincinnati  be  and  the  same  is  hereby  created. 

SEC.  2.  Said  interpreter  of  the  Police  Court  of  Cincinnati 
shall  be  appointed  by  the  mayor,  and  his  term  of  office  shall  be 
one  year,  beginning  on  the  first  day  of  February,  1888,  and 
each  year  thereafter. 

SEC.  3.  It  shall  be  the  duty  of  said  interpreter  to  attend 
at  all  sessions  of  the  Police  Court,  and  interpret  faithfully  the 
evidence  given  in  all  city  cases  where  necessary  in  said  court. 

Sec.  4.  That  the  compensation  of  said  interpreter  of  the 
Police  Court  for  city  cases  be  fixed  at  the  sum  of  fifty  dollars 
per  month,  payable  by  the  city  treasurer  on  the  warrant  of  the 
city  comptroller  ; said  compensation  to  be  in  lieu  of  all  fees 
or  perquisites  that  may  be  allowed  by  reason  of  such  service 
as  interpreter. 

No.  65.  Passed  August  16,  1897. 

To  provide  for  the  appointment  of  two  additional  deputy  clerks  of 
the  Police  Court  of  the  City  of  Cincinnati,  and  to  prescribe  their 
duties,  and  prohibiting  the  taking  of  fees_for  bail  bonds. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati : 

Sec.  1.  That  the  clerk  of  the  Police  Court  of  the  city  of 
Cincinnati  be  and  he  is  hereby  authorized  to  appoint,  subject 


Ordinances  of  the  City  of  Cincinnati 


207 


to  confirmation  by  said  Board  of  Legislation,  two  additional 
clerks,  at  salaries  of  twelve  hundred  dollars  each  per  annum. 
They  shall  furnish  bond  satisfactory  to  this  board,  in  the  sum 
of  three  thousand  dollars,  for  the  faithful  performance  of  their 
duties. 

SEC.  2.  These  additional  clerks  shall  attend  to  the  duties 
of  the  office  of  the  clerk  of  the  Police  Court,  as  prescribed  by 
statutes  and  ordinances,  between  the  hours  of  4 o’clock  p.  m. 
and  8 o’clock  A.  M.  every  day  of  each  week,  during  which  time 
they  shall  admit  to  bail  all  persons  who  shall  be  entitled  to  be 
so  admitted  to  bail  without  charging  or  receiving  from  any  such 
person  any  reward,  fee,  or  compensation  whatsoever. 

SEC.  3.  If  the  clerk  of  the  Police  Court  or  any  of  his 
deputies  shall  make  any  charge  or  receive  any  reward,  fee,  or 
compensation  for  admitting  any  person  to  bail,  then  said  clerk 
or  clerks  shall  forfeit  their  office,  and  be  fined  not  more  than 
ten  dollars  nor  less  than  five  dollars  for  each  offense. 

SEC.  4.  Nothing  in  this  ordinance  contained  shall  be  con- 
strued as  prohibiting  the  clerk  of  the  Police  Court  from  assign- 
ing the  duties  herein  prescribed  for  said  additional  deputy  clerks 
to  any  other  deputy  clerks,  or  transferring  said  additional 
deputy  clerks  to  any  other  duties,  provided  said  office  is  kept 
open  and  deputies  are  in  attendance  during  the  hours  and  for 
the  purpose  in  Section  2 of  this  ordinance  specified. 

No.  74.  Passed  October  11,  1897. 

To  provide  for  the  prosecution,  recovery,  and  collection  of  fines, 
penalties,  and  forfeitures  for  a violation  of  the  ordinances  of  the 
City  of  Cincinnati. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincimiati: 

Sec.  1.  Whenever  a warrant  is  issued  by  the  clerk  of  the 
Police  Court  of  the  city  of  Cincinnati  charging  any  person  who 
is  a resident  of  the  city  of  Cincinnati,  and  who  has  not  been 
arrested  while  found  violating  any  law  of  the  state,  with  com- 
mitting a misdemeanor  of  which  the  Police  Court  has  final 
jurisdiction,  it  shall  be  the  duty  of  the  superintendent  of  police, 


208 


Ordinances  of  the  City  of  Cincinnati 


or  of  the  officer  to  whom  said  warrant  is  given  for  execution, 
to  forthwith  personally  notify  the  person  charged  of  the  fact 
that  such  warrant  has  been  issued,  and  to  further  notify  said 
person  to  appear  before  said  Police  Court  at  its  next  session  at 
the  opening  thereof,  or  within  an  hour  thereafter,  to  answer 
said  charge,  and  to  give  bail  for  his  (or  her)  appearance. 

SEC.  2.  The  officer  having  said  warrant  and  giving  said 
notice  shall  indorse  upon  the  back  of  said  warrant  the  day  and 
the  time  of  day  at  which  the  accused  is  notified  ; and  if  the 
accused  fails  to  appear  before  said  Police  Court  at  its  next 
regular  session,  and  within  an  hour  after  the  opening  thereof, 
said  officer  shall  proceed  forthwith  to  arrest  said  accused  on 
said  warrant. 

Sec.  3.  The  provisions  of  the  preceding  sections  shall  not 
apply  where  the  misdemeanor  charged  is  larceny,  embezzlement, 
obtaining  property  by  means  of  false  pretenses,  or  breaking 
and  entering  a building  or  railroad  car. 

Sec.  4.  Whenever  an  affidavit  is  filed  in  the  Police  Court 
charging  any  person  who  is  a resident  of  the  city  of  Cincinnati, 
and  who  has  not  been  arrested  while  found  violating  any  ordi- 
nance of  said  city,  with  a violation  of  an  ordinance  of  said  city, 
the  clerk  of  the  Police  Court  shall  issue  a summons  to  the 
superintendent  of  police,  which  summons  shall  be  as  follows  : 


To  ihe  Superintendent  of  Police  of  the  City  of  Cincinnati : 

You  are  hereby  commanded  to  summon to 

appear  in  the  Police  Court  of  the  city  of  Cincinnati  on  the day 


of , a.  d , at o’clock  a.  m.,  to  answer  the  charge 

of  (here  set  forth  charge),  which  has  been  preferred  against  him  (or  her) 

in  said  Police  Court  upon  the  oath  and  affirmation  of ; 

and  of  this  summons  you  will  make  due  return. 

Witness  my  hand  and  the  seal  of  said  court  this day 

of , a.  D 

SEC.  5.  The  superintendent  of  police  or  any  officer  of  the 
police  force  shall  serve  said  summons  by  delivering  a copy 
thereof  to  the  accused  personally,  or  by  leaving  a copy  thereof 
at  his  (or  her)  usual  place  of  residence  ; and  shall  indorse  on 
the  original  summons  the  time  and  manner  of  said  service,  and 


Ordinances  of  the  City  of  Cincinnati 


209 


shall  return  said  original  summons  to  the  clerk  of  the  Police 
Court  within  twenty-four  hours  of  the  date  of  service  thereof. 

Sec.  6.  If  the  accused  shall  fail  to  appear  at  the  time 
mentioned  in  said  summons,  a warrant  for  his  (or  her)  arrest 
forthwith  shall  be  issued  by  the  clerk  of  the  Police  Court  to 
the  superintendent  of  police.  If  the  accused  appear  at  the  time 
mentioned,  and  the  complaint  against  him  (or  her)  is  not  dis- 
posed of  at  the  time,  but  is  continued  until  some  other  day,  the 
accused  shall  be  allowed  to  go  on  his  (or  her)  own  recognizance, 
unless  the  judge  of  the  Police  Court  shall  require  the  accused 
to  give  bail  for  his  (or  her)  appearance. 

SEC.  7.  In  all  cases  where  any  person  charged  in  the  Police 
Court  of  said  city  with  the  violation  of  an  ordinance  of  said 
city  is  required  to  give  bail  for  his  (or  her)  appearance,  he 
(or  she)  may,  in  lieu  of  bail,  deposit  with  the  clerk  of  the  Police 
Court  or  his  deputies,  as  security  for  his  (or  her)  appearance, 
money  the  amount  of  which  shall  be  designated  by  the  judge 
of  the  Police  Court,  the  clerk,  or  his  deputies  ; and  in  case  the 
person  so  depositing  money  fails  to  appear  to  answer  to  said 
charge,  the  judge  of  the  Police  Court  shall  make  an  entry  upon 
the  minutes  of  said  court  declaring  said  money  forfeited  to  the 
city  of  Cincinnati,  and  the  clerk  of  the  Police  Court  shall  within 
thirty  days  after  making  the  said  entry  pay  the  amount  of  said 
money  into  the  treasury  of  the  city  of  Cincinnati  to  the  credit 
of  the  General  Fund  thereof. 

SEC.  8.  Nothing  in  this  ordinance  contained  shall  control 
or  limit  the  right  of  a member  of  the  police  force  of  the  city 
of  Cincinnati  to  arrest  any  person  found  violating  any  law  of 
the  state  or  any  ordinance  of  said  city,  and  the  provisions  of 
this  ordinance  shall  not  apply  to  any  person  arrested  while 
found  violating  any  law  of  the  state  or  any  ordinance  of  said 
city,  except  so  far  as  provided  in  Section  7. 


210 


Ordinances  of  the  City  of  Cincinnati 


No.  32.  Passed  June  8,  1903. 

To  amend  an  ordinance  of  the  Common  Council  of  the  City  of  Cin- 
cinnati, passed  May  19,  1882,  and  numbered  3327.* 

Be  it  ordained  by  the  Council  of  the  City  of  Cincinnati , State  of  Ohio : 
SEC.  1.  That  Section  4 of  an  ordinance  of  the  Common 
Council  of  the  city  of  Cincinnati,  entitled  “An  ordinance  to 
provide  for  the  summoning  and  impaneling  of  jurors  in  the 
Police  Court,  and  to  repeal  an  ordinance  passed  December  1, 
1875,”  passed  May  19,  1882,  and  now  reading  as  follows : 
“ The  trustees  of  the  township  of  Cincinnati,  representing  each 
ward  in  the  city  of  Cincinnati,  shall  within  two  days  after  the 
passage  of  this  ordinance,  and  annually  in  the  month  of  May 
thereafter,  each  write  fifty  names  of  persons,  residents  of  the 
ward  represented  by  such  trustees,  qualified  to  be  such  jurors, 
and  deliver  the  same  to  the  clerk  of  said  court,  who  shall,  as 
soon  thereafter  as  possible,  place  in  said  wheel  said  names, 
each  name  being  upon  one  slip  of  paper,  with  the  street  and 
number  of  the  residence  of  such  person  plainly  written  thereon. 
Said  wheel  shall  then  be  securely  locked  in  the  presence  of 
the  judge  of  said  court.  A duplicate  of  the  lists  so  furnished 
the  clerk  shall  be  deposited  with  the  clerk  of  the  Common 
Council,  which  last  list  shall  be  open  to  inspection  and  com- 
parison at  any  time  by  any  party  to  a suit  in  said  court  or 
their  attorneys.  Said  wheel  shall  be  kept  securely  locked  at 
all  times,  except  when  necessary  to  put  in  or  withdraw  names 
therefrom.  If  the  venire  of  sixteen  names  shall  be  exhausted 
without  obtaining  the  required  number  to  fill  the  panel,  then 
upon  demand  of  the  prosecutor  or  defendant  such  further  list 
of  names  shall  be  drawn  from  the  wheel  as  in  the  opinion  of 
the  court  may  be  necessary,  and  the  names  so  drawn  shall  be 
called  in  the  order  of  their  drawing,  but  the  prosecution  and 
defendant  may  in  open  court  consent  that  the  judge  of  the 
Police  Court  or  the  superintendent  of  police  may  fill  the  panel 
from  the  bystanders,” — be  amended  by  striking  out  therefrom 


* See  page  390,  Coppock  and  Herlenstein. 


Ordinances  of  the  City  of  Cincinnati 


211 


the  word  “May”  and  inserting  in  lieu  thereof  the  word 
“June,”  and  by  striking  out  the  word  “Common.” 

SEC.  2.  Said  original  Section  4 of  said  Ordinance  No.  8327 
is  hereby  repealed. 

No.  39.  Passed  June  12,  1903. 

Fixing-  the  salaries  of  the  officers  and  employees  in  the  Police 
Court  Department  of  the  City  of  Cincinnati. 

Be  it  ordained  by  the  Council  of  the  City  of  Cincinnati , State  of  Ohio : 
SEC.  1.  The  salaries  of  the  officers  and  employees  of  the 
Police  Court  Department  of  the  city  of  Cincinnati,  as  paid  by 
said  city,  shall  be  as  follows:  Judge,  $2,000  per  year;  clerk, 
$2,000  per  year;  prosecuting  attorney,  $2,200  per  year;  two 
deputy  clerks,  each  $1,300  per  year;  transcript  or  journal 
clerk,  $1,300  per  year;  two  additional  or  night  clerks,  each 
$1,200  per  year;  sergeant  - at  - arms  or  messenger,  $900  per 
year.  Said  salaries  shall  be  paid  monthly  upon  payrolls  cer- 
tified to  the  auditor  by  the  judge  and  clerk  of  said  court. 

Sec.  2.  All  ordinances  in  conflict  herewith  are  hereby 
repealed. 

NO.  4232.  Passed  July  5,  1889. 

For  the  protection  of  the  police  patrol  service. 

Be  it  ordained  by  the  Common  Council  of  Cincinnati : 

SEC.  1.  It  shall  be  unlawful  for  any  person  to  make  or  cause 
to  be  used  or  have  in  his  possession  any  impression,  imitation, 
or  duplicate  of  any  police  patrol-box  or  signal-box  key  without 
the  express  permission  of  the  mayor  and  the  Board  of  Police 
Commissioners. 

Sec.  2.  It  shall  be  unlawful  for  any  person  to  give  or  cause 
to  be  given  any  false  alarm  through  or  by  means  of  the  police 
signal  telegraph  or  any  of  the  apparatus  connected  therewith, 
with  intent  to  deceive  ; or  pull  the  hook  of  any  signal-box, 
except  when  police  assistance  is  actually  required  ; or  tamper, 
meddle,  or  interfere  in  any  manner  with  the  said  boxes ; or 


212 


Ordinances  of  the  City  of  Cincinnati 


cut,  break,  injure,  deface,  or  remove  any  of  the  street  stations 
or  sentry-boxes,  or  any  of  the  wires,  supports,  or  other  parts 
or  appliances  connected  with  said  telegraph  or  with  any  por- 
tion of  the  police  patrol  and  signal  apparatus ; or  make  any 
connection  or  communication  so  as  to  interrupt  or  interfere 
with  the  proper  working  of  said  telegraph ; or  wrongfully 
injure,  break,  or  destroy  any  apparatus,  machinery,  or  fixtures 
connected  therewith  ; or  post  any  bill  or  advertisement  upon 
any  of  said  street  stations  or  boxes;  or  place  or  cause  to  be 
placed  any  snow,  ice,  or  other  substance  or  thing  against  the 
door  of  any  such  box  in  such  manner  as  to  obstruct  or  interfere 
with  the  opening  thereof. 

SEC.  3.  Or  to  turn  or  send  in  a false  alarm  of  fire,  or  to  turn 
or  send  in  an  alarm  of  fire  to  the  fire  department  of  this  city 
without  just  reason  or  ground  to  believe  that  a fire  exists. 

SEC.  4.  Any  person  violating  any  of  the  provisions  of  either 
of  the  sections  of  this  ordinance  shall,  upon  conviction  thereof 
in  the  Police  Court,  be  fined  in  a sum  not  less  than  five  dollars 
nor  more  than  fifty  dollars  for  each  and  every  offense,  or  be 
imprisoned  not  more  than  thirty  days,  or  both. 

NO.  841.  Passed  May  12,  1902. 

Declaring1  the  necessity  for  the  establishment  and  maintenance  of  a 
police  relief  fund  in  the  City  of  Cincinnati. 

Whereas , The  General  Assembly  of  Ohio  did  on  April  23, 
1902,  pass  a certain  act,  entitled  “An  act  authorizing  the  levy 
of  taxes  in  municipalities  to  provide  for  firemen,  police,  and 
sanitary  police  pensions  or  relief  funds,  and  to  create  and 
perpetuate  boards  of  trustees  for  the  administration  of  such 
funds;”  and 

Whereas , Said  act  provided  in  Section  2 thereof  that  in 
any  municipal  corporation  in  this  state  having  or  which  may 
hereafter  have  a police  department,  supported  in  whole  or  in 
part  at  the  public  expense,  the  Council,  Board  of  Legislation, 
or  other  legislative  body  may.  by  ordinance  declare  the  neces- 


Ordinances  of  the  City  of  Cincinnati 


213 


sity  for  the  establishment  and  maintenance  of  a police  relief 
fund  for  the  purposes  named  in  said  act ; and 

Whereas , Said  act  further  provided  that  upon  such  de- 
termination by  the  Council,  Board  of  Legislation,  or  other 
legislative  body  there  should  be  created  in  any  municipality 
a board  of  trustees,  to  be  known  as  the  “ Trustees  of  the  Police 
Relief  Fund,”  who  shall  administer  and  distribute  the  funds 
authorized  to  be  raised  by  said  act : Therefore  be  it  ordained 
by  the  Board  of  Legislation  of  the  City  of  Cincinnati  : 

SEC.  1.  That  the  necessity  is  hereby  declared  for  the  estab- 
lishment and  maintenance  of  a police  relief  fund  in  the  city 
of  Cincinnati,  and  the  creation  of  a board  of  trustees  who  shall 
administer  and  distribute  said  fund  ; and  said  fund  shall  be 
established  and  maintained,  and  said  board  of  trustees  shall 
be  created,  in  such  manner  and  perform  such  duties  as  are 
provided  in  said  act  of  the  General  Assembly,  passed  April 
23,  1902. 

Sec.  2.  That  the  city  clerk  is,  upon  the  final  passage  of 
this  ordinance,  hereby  authorized  and  directed  to  serve  upon 
the  police  commissioners  of  the  city  of  Cincinnati  a certified 
copy  of  said  ordinance,  which  shall  be  authority  for  said  com- 
missioners to  proceed  in  the  manner  provided  for  in  said  act 
of  the  General  Assembly  to  hold  the  election  provided  for  in 
said  act  for  members  of  the  Board  of  Trustees  of  the  Police 
Relief  Fund,  who  shall  be  chosen  from  among  the  members 
of  said  police  department.  Upon  the  election  of  said  members, 
who,  together  with  the  police  commissioners  of  the  city  of 
Cincinnati,  shall  constitute  the  Board  of  Trustees  of  the  Police 
Relief  Fund,  said  board  shall  organize  and  proceed  to  the 
establishment,  maintenance,  administration,  and  distribution 
of  the  police  relief  fund  authorized  by  said  act  of  the  General 
Assembly. 


214 


Ordinances  of  the  City  of  Cincinnati 


No.  17.  Passed  May  18,  1903. 

Providing-  for  the  org-anization  of  the  police  department. 

Be  it  ordained  by  the  Council  of  the  City  of  Cincinnati , State  of  Ohio : 

SEC.  1.  The  police  department  of  the  city  of  Cincinnati 
shall  be  composed  of  the  following  officers  and  other  mem- 
bers hereinafter  enumerated,  who  shall  receive  the  respective 
salaries  hereinafter  provided,  payable  semi-monthly,  and  shall 
give  bonds  in  amounts  hereinafter  required. 

A chief  of  police  at  a salary  of  $6,000  per  year,  who  shall 
give  bond  in  the  sum  of  $10,000. 

Three  inspectors  of  police,  one  of  whom  shall  receive  a 
salary  of  $2,400  per  year,  one  a salary  of  $2,000  per  year, 
and  one  a salary  of  $1,800  per  year;  twenty -one  lieutenants 
of  police,  who  shall  each  receive  a salary  of  $1,300  per  year. 
Said  inspectors,  captains,  and  lieutenants  shall  each  give  a 
bond  in  the  sum  of  $2,000.  * 

Thirty -two  sergeants,  who  shall  each  receive  a salary  of 
$1,150  per  year  ; ten  corporals,  who  shall  each  receive  a salary 
of  $1,050  per  year.  Said  sergeants  and  corporals  shall  each 
give  bond  in  the  sum  of  $2,000. 

Five  hundred  patrolmen,  who  shall  receive  a salary  of  $840 
each  per  year  for  the  first  year  ; $900  each  per  year  for  the 
second  year  ; $960  each  per  year  for  the  third  year  ; and  $1,020 
each  per  year  thereafter.  They  shall  each  give  bond  in  the 
sum  of  $1,000. 

Thirty  substitute  patrolmen,  who  shall,  when  on  duty,  be 
paid  at  the  same  rate  as  patrolmen  are  paid,  and  shall  give 
the  same  bond. 

Eleven  detectives,  one  of  whom  shall  receive  a salary  of 
$1,700  per  year,  eight  a salary  of  $1,500  each  per  year,  and 
two  a salary  of  $1,400  each  per  year.  They  shall  each  give 
bond  in  the  sum  of  $2,000. 

Thirty  patrol-wagon  drivers,  who  shall  each  receive  a salary 
of  $780  a year  for  the  first  and  second  year  of  service,  and  $840 
a year  for  each  year  thereafter;  thirty  station-house  keepers, 


Ordinances  of  the  City  of  Cincinnati 


215 


who  shall  each  receive  a salary  of  $720  per  year  for  the  first 
and  second  year  of  service,  and  $780  per  year  for  each  year 
thereafter.  Each  of  said  drivers  and  station-house  keepers 
shall  give  a bond  in  the  sum  of  $1,000. 

Nine  court  officers,  one  of  whom  shall  be  chief  court 
officer  and  receive  a salary  of  $1,500  per  year,  and  give  a bond 
of  $2,000;  and  the  other  eight  court  officers  shall  each  have 
the  rank,  receive  the  salary,  and  give  the  bond  provided  for 
patrolmen. 

Four  matrons  for  the  House  of  Detention,  who  shall  each 
receive  a salary  of  $600  per  year. 

No.  46.  Passed  June  26,  1891. 

To  provide  for  the  protection  of  polling1- houses. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati : 

SEC.  1.  That  it  shall  be  unlawful  for  any  person  or  persons 
to  maliciously  or  intentionally  break  open,  injure,  or  deface  any 
polling -house,  or  post  any  bills  or  notices  thereon;  but  this 
section  shall  not  apply  to  the  posting  of  election  proclamations 
or  notices  containing  lists  of  registered  electors  recpiired  by 
law  to  be  posted. 

Sec.  2.  It  shall  be  unlawful  for  any  person  or  persons  on 
or  before  the  day  of  election  to  deface  or  destroy  any  election 
notice,  or  any  notice  containing  a list  of  registered  electors, 
posted  at  any  polling-place  required  by  law  to  be  posted. 

SEC.  3.  Any  person  violating  any  of  the  provisions  of  this 
ordinance  shall  be  fined  in  any  sum  not  more  than  fifty  dollars 
nor  less  than  ten  dollars. 

No.  332.  Passed  July  10,  1899. 

To  authorize  the  leasing1  of  the  City’s  Poor  Farm  to  Charles  Johnson, 

Whereas , Charles  Johnson  is  desirous  of  leasing  from  the 
city  the  tract  of  land  hereinafter  described  upon  the  terms  and 


216 


Ordinances  of  the  City  of  Cincinnati 


conditions  hereinafter  provided,  now  therefore  be  it  ordained 
by  the  Board  of  Legislation  of  Cincinnati  : 

SEC.  1.  That  the  city  hereby  agrees  to  lease  to  the  said 
Charles  Johnson  for  the  term  of  ten  years  the  property  of  the 
city  known  as  the  “City’s  Poor  Farm,”  consisting  of  twenty- 
six  acres,  more  or  less,  situated  on  the  south  side  of  Section  1, 
Township  2,  Fractional  Range  2,  Hamilton  County,  Ohio, 
excepting  that  portion  thereof  known  as  “ Potter’s  Field,”  and 
so  much  of  the  land  adjoining  the  said  “Potter’s  Field”  as 
will  be  necessary  for  the  city  to  use  for  burial  purposes  during 
the  term  of  this  lease,  at  an  annual  rental  of  one  hundred  dol- 
lars, payable  quarterly;  said  Charles  Johnson  also  to  keep  the 
fences  in  repair  so  far  as  his  labor  is  coucerned,  the  city  to 
furnish  the  material,  if  any  be  needed  ; that  the  corporation 
counsel  be  and  he  is  hereby  authorized  to  prepare  a lease 
thereof,  with  proper  covenants  and  conditions,  and  the  mayor 
is  directed  to  execute  and  deliver  the  same  on  the  part  of 
the  city. 

No.  187.  Passed  February  12,  1892. 

To  regulate  the  sale  of  produce,  etc.,  in  the  City  of  Cincinnati. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati : 

SEC.  1.  That  no  person  shall  sell,  or  offer  for  sale,  barter, 
or  exchange,  any  car-load  lot  or  any  less  quantity  of  fruit, 
vegetable  or  farm  produce,  butter,  eggs,  game,  or  poultry  con- 
tained in  any  railroad  car,  or  in  any  railroad  freight  depot  or 
warehouse,  or  on  any  steamboat,  flatboat,  wharf-boat,  or  boat- 
landing, within  the  city  of  Cincinnati,  without  first  obtaining 
an  annual  license  to  engage  in  such  business,  under  a penalty 
of  not  less  than  twenty-five  dollars  nor  more  than  one  hundred 
dollars  for  each  offense;  provided,  however,  the  provisions  of 
this  section  shall  not  apply  to  any  farmer,  gardener,  fruit-  or 
vine-grower  engaged  in  selling  the  produce  of  his  farm,  garden, 
orchard,  or  vineyard  from  their  wagons  or  stands  in  the  markets, 


Ordinances  of  the  City  of  Cincinnati 


217 


nor  to  any  commission  merchant  having  a storehouse  and  estab- 
lished place  of  business  in  this  city. 

SEC.  2.  That  every  person  before  engaging  in  the  business 
or  occupation  mentioned  in  the  preceding  section  shall  pay  to 
the  city  of  Cincinnati  an  annual  license  fee  of  two  hundred 
dollars  in  the  manner  provided  for  by  the  ordinances  of  said 
city  concerning  licenses. 

No.  41.  Passed  June  15,  1903. 

To  regulate  and  license  the  sale  of  produce  within  the  City  of  Cin- 
cinnati to  persons  other  than  wholesale  dealers  by  non-residents. 

Be  it  ordained  by  the  Council  of  the  City  of  Cincinnati , State  of  Ohio: 

SEC.  1.  That  it  shall  be  unlawful  for  any  person  or 
persons,  firm  or  corporation  who  are  not  residents  of  the 
city  of  Cincinnati  to  sell  or  offer  for  sale,  by  agent  or  other- 
wise, to  any  person,  persons,  firm,  or  corporation,  other  than 
wholesale  dealers,  produce  not  of  their  own  production,  with- 
out having  first  obtained  a license  therefor  as  hereinafter 
provided. 

Sec.  2.  Before  any  such  non-resident  person,  persons,  firm, 
or  corporation  shall  engage  in  such  business  in  the  manner 
above  described,  he  or  they  shall  apply  to  the  auditor  for  a 
license  to  engage  in  such  business.  The  auditor  shall  issue 
to  the  applicant  for  such  license  a certificate  stating  the  name, 
residence,  or  place  of  business  and  occupation  of  said  appli- 
cant. Said  certificate  shall  be  delivered  to  the  city  treasurer, 
who  shall  upon  the  receipt  of  the  sum  of  seventy-five  dollars 
give  a certificate  of  payment  to  said  applicant.  Upon  the  pre- 
sentation of  said  certificate  to  the  auditor  of  said  city  he  shall 
issue  a license  to  said  applicant  to  engage  in  such  business, 
which  license  shall  be  good  for  the  term  of  one  year  from  the 
date  of  its  issue. 

Sec.  3.  The  auditor  shall  have  the  authority  to  revoke 
such  license  at  any  time. 


218 


Ordinances  of  the  City  of  Cincinnati 


Sec.  4.  Any  person,  persons,  firm,  or  corporation,  or  agent 
thereof,  who  shall  violate  any  of  the  provisions  of  this  ordi- 
nance shall  be  deemed  guilty  of  a misdemeanor,  and  upon 
conviction  thereof  shall  be  punished  by  fine  of  not  more  than 
one  hundred  dollars  nor  less  than  fifty  dollars  ; each  day  that 
such  person,  persons,  firm,  or  corporation  shall  conduct  such 
business  without  such  license  shall  be  held  to  constitute  a 
separate  offense. 

Sec.  5.  It  shall  be  the  duty  of  the  police  or  other  officer 
clothed  with  police  powers  to  enforce  the  provisions  of  this 
ordinance. 

NO.  602.  Passed  January  14,  1901. 

To  provide  for  the  punishment  of  vagrants,  loiterers,  common  street- 
beggars,  common  prostitutes,  habitual  disturbers  of  the  peace, 
persons  who  abuse  their  families,  known  pickpockets,  gamblers, 
burglars,  thieves,  watch-stuffers,  ball-game  players,  persons  who 
practice  any  trick  - game  or  device  with  intention  to  swindle,  or 
any  suspicious  person  who  can  not  give  a reasonable  account  of 
himself ; and  to  amend  sections  1 and  2 of  an  ordinance  passed 
May  11,  1859  fCoppock  and  Hertenstein’s  Ordinances,  edition  of 
1887,  page  343),  entitlsd  “An  ordinance  to  provide  for  the  pun- 
ishment of  certain  misdemeanors,  in  pursuance  of  an  act  of  the 
General  Assembly  passed  March  29,  1859. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati : 

SEC.  1.  That  sections  1 and  2 of  an  ordinance  passed  May 
11,  1859  (Coppock  and  Hertenstein’s  Ordinances  of  the  City 
of  Cincinnati,  edition  of  1887,  page  843),  entitled  “An  ordi- 
nance to  provide  for  the  punishment  of  certain  misdemeanors, 
in  pursuance  of  an  act  of  the  General  Assembly  passed  March 
29,  1859,”  be  and  the  same  are  hereby  amended  so  as  to  read 
as  follows  : 

“SEC.  1.  That  if  any  vagrant,  common  beggar,  common 
prostitute,  or  habitual  disturber  of  the  peace  shall  be  found  in 
the  city  of  Cincinnati,  or  if  any  person  shall  be  found  loitering 
about  in  any  common  bar-room,  dram-shop,  gambling-house, 
or  house  of  ill-fame,  or  wandering  about  the  streets,  either  by 
night  or  by  day,  without  any  lawful  means  of  support,  and 


Ordinances  of  the  City  of  Cincinnati 


219 


without  being  able  to  give  a satisfactory  account  of  himself,  or 
if  any  person  shall  abuse  his  family  in  said  city,  such  person 
shall,  on  conviction  thereof  in  the  Police  Court,  be  fined  for 
each  offense  in  any  sum  not  less  than  five  dollars  nor  more  than 
fifty  dollars. 

“ SEC.  2.  That  if  any  known  pickpocket,  gambler,  burglar, 
thief,  watch-stuffer,  ball-game  player,  or  person  who  practices 
any  trick-game  or  device  with  intent  to  swindle,  or  any  sus- 
picious person  who  can  not  give  a reasonable  account  of  himself, 
shall  be  found  in  the  city  of  Cincinnati,  such  person  shall,  on 
conviction  thereof  in  the  Police  Court,  for  every  such  offense 
be  fined  in  any  sum  not  less  than  five  dollars  nor  more  than 
fifty  dollars.” 

Sec.  2.  That  sections  1 and  2 of  an  ordinance  passed  May 
11,  1859  (Coppock  and  Hertenstein’s  Ordinances  of  the  City 
of  Cincinnati,  edition  of  1887,  page  343),  entitled  “An  ordi- 
nance to  provide  for  the  punishment  of  certain  misdemeanors, 
in  pursuance  of  an  act  of  the  General  Assembly,  passed  March 
29,  1859,”  and  Section  25  as  amended  March  3,  1882,  of  an 
ordinance  passed  September  3,  1856  (Coppock  and  Hertenstein’s 
Ordinances  of  the  City  of  Cincinnati,  edition  of  1887,  page  335), 
entitled  “An  ordinance  for  the  punishment  of  misdemeanors, 
and  to  repeal  ordinances  therein  named,”  be  and  the  same  are 
hereby  repealed. 


220 


Ordinances  of  the  City  of  Cincinnati 


STREET  RAILROADS. 


No.  3938.  Passed  May  6,  1887. 

To  provide  for  the  extension  of  Spring-Grove-avenue  street  railway 
tracks. 

Be  it  ordained  by  the  Common  Council  of  Cincinnati  : 

SEC.  1.  That  whereas  the  Cincinnati  Street  Railway  Com- 
pany, now  owning  and  operating  the  street  railroad  known  as 
the  Spring-Grove-avenue  Street  Railway  Division,  has  made 
application  to  extend  said  railroad  as  hereinafter  specified 
and  authorized,  and  has  obtained  and  produced  to  the  Board 
of  Public  Affairs  and  to  the  boards  composing  the  Common 
Council  the  written  consents  to  such  extension  of  the  owners 
of  more  than  one  half  of  the  feet  front  of  the  lots  and  lands 
abutting  on  the  streets  and  portions  thereof  wherein  the  tracks 
are  to  be  laid  in  the  construction  of  such  extension. 

Now,  therefore,  said  the  Cincinnati  Street  Railway  Company 
is  hereby  granted  permission  to  extend  the  tracks  of  its  said 
street  railroad  in  Spring-Grove  Avenue  from  the  intersection 
of  Spring-Grove  Avenue,  thence  westwardly  by  double  tracks 
along  Queen-City  Avenue  to  Western  Avenue,  thence  north- 
wardly along  Western  Avenue  by  double  tracks  to  a turntable 
about  two  hundred  feet  north  of  Dr.  Campbell’s  sanitarium, 
near  the  New  Baltimore  Pike,  on  condition  that  the  construc- 
tion of  the  tracks  and  work  herein  authorized  shall  be  done 
at  the  expense  of  the  company,  and  the  avenues  shall  be 
restored  to  their  present  condition,  and  that  all  obstructions 
of  every  nature  which  may  be  encountered  in  the  progress  of 
said  work  shall  be  removed,  restored,  or  adjusted  as  the  Board 
of  Public  Affairs  may  direct  and  at  the  expense  of  the  com- 
pany ; that  the  rails  shall  be  either  a tram  rail  weighing  not 
less  than  forty-two  pounds  per  yard,  or  the  girder  form  of  rail 
weighing  not  less  than  fifty -two  pounds  per  yard;  that  the 
charge  of  carrying  passengers  over  the  road  hereby  extended 
shall  not  be  increased  by  reason  of  this  extension  or  of  any 


Ordinances  of  the  City  of  Cincinnati 


221 


rights  granted  herein ; that  the  term  of  this  grant  shall  cease 
and  determine  with  the  expiration  of  the  grant  heretofore  made 
extending  said  tracks  southwardly  from  Harrison  Avenue  ; and 
provided  that  said  extension  herein  granted  shall  be  built, 
completed,  and  operated  within  a period  of  six  months  from 
the  date  of  the  passage  of  this  ordinance ; and  provided  further 
that  cars  shall  be  run  regularly  every  ten  minutes  from  seven 
o’clock  A.  M.  until  midnight,  or  as  much  oftener  as  the  Cincin- 
nati Street  Railway  Company  may  desire;  and  provided  further 
that  if  said  company  shall  violate  any  of  the  provisions  of  this 
ordinance,  or  of  the  general  street  railway  ordinance  of  Feb- 
ruary 7,  1879,  the  Board  of  Public  Affairs,  and  the  police  on 
instructions  from  said  board,  are  empowered  to  immediately 
stop  the  running  of  cars  on  said  extension.  The  company 
shall  execute  and  deliver  to  the  Board  of  Public  Affairs  its 
bond  in  favor  of  the  city  of  Cincinnati  in  the  penal  sum  of  ten 
thousand  dollars  additional  for  the  faithful  performance  of  the 
provisions  of  this  ordinance,  and  the  execution  and  delivery  of 
said  bond  shall  be  deemed  an  acceptance  of  all  the  provisions 
of  this  ordinance. 

NO.  4043.  Passed  February  24,  1888. 

Requiring-  all  cable  cars  to  have  attached  thereto  g-uards  or  devices 
for  the  protection  of  life  and  limb. 

Be  it  ordained  by  the  Common  Council  of  Cincinnati : 

SEC.  1.  That  every  cable  car  operated  and  run  upon  any 
of  the  lines  of  this  city  must  have  attached  thereto  guards  or 
safety  devices  for  the  purpose  of  preventing  people  from  being 
run  over  and  mangled  by  the  wheels  or  trucks  of  such  car  ; and 
it  shall  be  the  duty  of  the  superintendent,  foreman,  and  other 
officers  of  all  cable -car  companies  to  see  that  every  car  has 
attached  thereto  such  guards  or  safety  device  before  the  same 
shall  be  permitted  to  be  used  for  travel. 

SEC.  2.  Any  officer,  superintendent,  or  foreman  of  any  such 
company  who  orders,  or  being  in  authority  permits,  any  car 


222 


Ordinances  of  the  City  of  Cincinnati 


to  be  operated  without  having  such  guard  or  safety  device 
attached  thereto  shall,  upon  conviction  thereof  in  the  Police 
Court,  be  fined  in  any  sum  not  less  than  fifty  nor  more  than  two 
hundred  and  fifty  dollars,  or  be  imprisoned  in  the  Workhouse 
not  less  than  ten  days  nor  more  than  three  months. 

No.  4101.  Passed  August  17,  1888. 

To  require  a watchman  to  be  placed  at  the  cable-crossing-  at  Fifth 
and  Walnut  streets. 

Be  it  ordained  by  the  Common  Council  of  Cincinnati : 

SEC.  1.  That  to  provide  for  the  safety  of  pedestrians  and 
vehicles  the  Mt.  Adams  and  Eden  Park  Street  Railway  Com- 
pany (Route  10)  shall  station  and  keep  a watchman  at  its 
cable-crossing  at  the  corner  of  Fifth  and  Walnut  streets,  in 
said  city,  from  6 o’clock  A.  m.  to  12  o’clock  p.  m.  of  each  and 
every  day. 

Sec.  2.  It  shall  be  the  duty  of  the  president  of  said  street 
railroad  company  (Route  10)  to  comply  with  the  provisions 
of  Section  1 of  this  ordinance,  and  upon  said  president  of  said 
company  neglecting,  omitting,  or  refusing  so  to  do  he  shall  be 
fined  in  any  sum  not  less  than  twenty-five  dollars  per  day  for 
each  and  every  day  of  such  omission,  neglect,  or  refusal. 

No.  4283.  Passed  October  18,  1889. 

To  provide  for  the  extension  of  the  tracks  of  Route  No.  13,  and  for 
the  construction  and  use  of  an  electric  system  of  motive  power 
thereon. 

Be  it  ordained  by  the  Common  Council  of  Cincinnati: 

SEC.  1.  Whereas , The  Cincinnati  Street  Railway  Company, 
owning  and  operating  Route  No.  13  of  street  passenger  rail- 
roads in  Hunt  Street  and  other  streets  (the  track  on  Hunt  Street 
between  Montgomery  Road  and  McMillan  Street  consisting 
of  a single  track  and  certain  turnouts,  and  being  temporarily 
removed  for  the  purpose  of  improving  said  portion  of  the  street), 
is  willing  to  extend  its  tracks  as  herein  authorized,  and  to 


Ordinances  of  the  City  of  Cincinnati 


223 


change  the  motive  power  of  the  existing  and  proposed  tracks, 
and  make  certain  reductions  of  the  authorized  rates  of  fare  on 
the  conditions  hereinafter  named ; and 

Whereas , Owing  to  the  great  length  of  the  railroad,  the 
difficult  grades  along  and  over  which  the  cars  are  and  must  be 
operated,  there  is  a necessity  for  convenient  and  rapid  transit, 
in  order  to  furnish  due  facilities  and  accommodations  to  the 
public,  and  the  mode  of  construction  and  the  motive  power 
proposed  will  require  increased  cost  and  expenses  on  the  part 
of  the  company ; and 

Whereas , The  said  company  has  obtained  and  produced 
to  the  Board  of  Public  Affairs  and  the  Common  Council  the 
requisite  consents  to  the  proposed  extension  of  the  owners  of 
more  than  one  half  the  feet  front  of  the  lots  and  lands  abutting 
upon  the  portion  of  street  wherein  it  is  proposed  to  construct 
the  extension  track  : 

Now,  therefore , In  consideration  of  the  premises,  and  of 
the  improved  facilities  and  reductions  of  rates  of  fare  hereby 
contemplated,  and  the  large  expenditures  necessary  to  secure 
the  same,  said  the  Cincinnati  Street  Railway  Company  is  hereby 
authorized  and  permitted  to  extend  the  tracks  of  said  Route 
No.  13  by  the  construction  of  a track  along  Hunt  Street,  from 
Montgomery  Road  to  McMillan  Street,  additional  to  the  con- 
tinuous track  heretofore  authorized  and  used  in  said  portion 
of  Hunt  Street  (said  tracks,  together  with  those  between 
McMillan  and  Shillito  streets,  to  be  constructed  in  the  central 
portion  of  the  street  as  an  ordinary  double  track,  and  used  in 
place  of  the  tracks  and  turnouts  heretofore  used  in  said  portion 
of  Hunt  Street,  but  the  tracks  between  McMillan  and  Shillito 
streets  shall  be  used  at  the  sides  of  Hunt  Street  as  at  present 
and  heretofore  until  said  portion  of  Hunt  Street  is  improved 
as  now  contemplated  by  the  city,  when  said  company  shall 
so  place  them  in  the  center  of  said  street),  and  connecting 
the  same  at  Montgomery  Road  and  McMillan  Street  with  the 
existing  or  authorized  tracks  in  said  Hunt  Street  (sometimes 
called  Reading  Road).  And  said  company  is  hereby  author- 


224 


Ordinances  of  the  City  of  Cincinnati 


ized  to  construct  and  operate  along  the  railroad  tracks,  as 
existing  and  hereby  provided  for  in  said  Hunt  Street,  and  in 
the  other  streets  wherein  said  Route  No.  13  is  established 
which  lie  south  and  west  of  said  Hunt  Street,  an  electric 
system  of  motive  power,  and  to  erect  in  the  sidewalks  near 
the  curb-lines  of  the  streets  wherein  said  tracks  are  operated 
and  hereby  authorized  to  be  laid  the  necessary  supports  for 
electric  wires,  and  construct  the  necessary  fixtures  and  appli- 
ances for  the  nse  of  an  electric  system  of  motive  power  along 
said  tracks  in  the  streets  aforesaid. 

All  plans  and  the  work  to  be  done  thereunder  shall  first  be 
approved  by  the  Board  of  Public  Affairs.  And  after  the  con- 
struction of  such  electric  system  of  motive  power  said  company 
shall  have  the  privilege  of  charging  a uniform  rate  of  fare  of 
five  cents  for  carrying  each  adult  passenger  and  three  cents  for 
each  child  under  ten  years  of  age,  in  either  direction,  over  any 
portion  of  the  distance  along  said  railroad  (including  the  part 
in  the  village  of  Avondale)  between  the  intersection  of  Fourth 
and  Walnut  streets  in  Cincinnati  and  the  north  terminus  of  said 
railroad  in  the  said  village  of  Avondale.  And  said  company 
shall  be  released  from  the  obligation  to  sell  or  receive  package 
tickets  of  any  kind  or  nature  for  the  carriage  of  passengers,  and 
the  term  of  the  grant  for  said  Route  No.  13  is  hereby  extended 
to  a period  of  twenty-five  years  from  the  date  of  the  passage 
of  this  ordinance,  and  the  grant  hereby  made  of  the  right  to 
construct  new  tracks  shall  continue  for  a like  period  upon  the 
following  conditions  : 

That  the  construction  of  the  tracks  and  the  work  herein 
authorized  shall  be  done  at  the  expense  of  the  company,  and 
where  the  streets  are  opened  they  shall  be  restored  by  said 
company  to  a good  and  substantial  condition,  to  the  satisfaction 
of  the  Board  of  Public  Affairs  ; said  company  shall  also  be 
required  to  do  all  resurfacing  (but  no  regrading)  of  the  roadway 
to  such  extent  as  may  be  deemed  necessary  by  the  Board 
of  Public  Affairs.  Said  tracks  shall  be  constructed  to  the 
satisfaction  of  the  Board  of  Public  Affairs.  That  the  rails 


Ordinances  of  the  City  of  Cincinnati 


225 


used  shall  be  of  the  side-bearing  girder  form,  weighing  not 
less  than  fifty-two  pounds  per  yard  ; the  supports  for  such 
electric  system  of  motive  power  shall  be  of  metal,  and  of  the 
best  and  most  approved  pattern,  and  no  wires  shall  be  placed 
above  and  across  any  streets  within  less  than  twenty  feet 
of  the  surface  thereof.  That  no  charge  in  excess  of  the 
rate  of  fare  of  five  cents  above  authorized  shall  be  made  for 
carrying  any  adult  passenger,  or  of  three  cents  in  the  case 
of  children  under  ten  years  of  age,  paying  said  rate  in  either 
direction  over  any  portion  of  the  distance  along  said  railroad 
(including  the  part  in  the  village  of  Avondale)  between  the 
intersection  of  Fourth  and  Walnut  streets  in  Cincinnati  and 
the  north  terminus  of  said  railroad  in  the  village  of  Avon- 
dale ; and  that  the  company  shall  execute  and  deliver  to  the 
Board  of  Public  Affairs  its  bond  in  favor  of  the  city  of 
Cincinnati  in  the  penal  sum  of  twenty-five  thousand  dollars, 
conditioned  for  the  faithful  performance  of  all  the  conditions 
of  this  ordinance. 

Sec.  2.  Said  the  Cincinnati  Street  Railway  Company,  own- 
ning  and  operating  Route  No.  13  of  street  passenger  railroads, 
further  agrees  with  the  said  city  of  Cincinnati  that  it  will 
bowlder  in  a good  and  substantial  manner  all  that  portion 
of  the  street  between  the  outer  rails  of  said  double  tracks 
on  that  part  of  their  route  commencing  at  the  intersection 
of  Hunt  Street  and  Montgomery  Road  to  the  south  line  of 
McMillan  Street. 

No.  4284.  Passed  October  18,  1889. 

To  provide  for  the  extension  of  the  tracks  of  Route  18  of  street 
passeng-er  railroads,  the  removal  and  adjustment  of  certain  ex- 
isting- tracks  of  said  route,  and  the  construction  and  use  of  a 
system  of  electric  motive  power  over  a portion  of  said  route. 

Be  it  ordained  by  the  Common  Council  of  Cincinnati : 

SEC.  1.  Whereas , The  Cincinnati  Street  Railway  Company, 
owning  and  operating  Route  No.  18  of  street  passenger  rail- 
roads, is  willing  to  extend  the  tracks  of  said  route,  and  remove 


226 


Ordinances  of  the  City  of  Cincinnati 


and  adjust  certain  portions  of  the  existing  tracks  of  said  route, 
and  change  the  motive  power  thereon,  all  as  hereinafter  stated, 
on  the  conditions  below  named  ; and 

Whereas , Owing  to  the  length  of  the  road  along  and  over 
which  the  cars  must  be  operated,  and  the  necessity  for  rapid 
transit  for  the  accommodation  of  the  public,  an  improved 
motive  power  is  necessary  ; and 

Whereas , The  mode  of  construction  and  change  of  motive 
power  proposed  will  require  increased  costs  and  expenses  on 
the  part  of  the  company  ; and 

Whereas , Said  street  railway  company  has  produced  to 
the  Board  of  Public  Affairs  and  to  the  boards  composing  the 
Common  Council  the  written  consents  to  the  extension  herein 
authorized  of  the  owners  of  more  than  one  half  of  the  feet 
front  of  the  lots  and  lands  abutting  on  the  portions  of  the 
streets  along  which  it  is  proposed  to  construct  new  tracks  in 
making  such  extensions  : 

Now,  therefore , In  .consideration  of  the  premises  and  of  the 
changes  and  improved  facilities  hereby  contemplated,  and  the 
large  expenditures  necessary  to  secure  the  same,  said  Route 
No.  18,  as  heretofore  established  and  extended  by  ordinances, 
is  hereby  extended  and  changed,  and  the  Cincinnati  Street 
Railway  Company  so  owning  and  operating  said  route  is  hereby 
authorized  and  permitted  to  extend  and  change  the  tracks 
thereof  from  the  easterly  track  at  the  intersection  of  Hamilton 
Avenue  and  Chase  Street  westwardly  along  Chase  or  Banning 
Street  by  single  track  to  Kirby  Road;  thence  southwardly 
along  Kirby  Road  by  single  track  to  Colerain  Avenue  ; and 
thence  southeastwardly  along  Colerain  Avenue  by  single  track 
to  and  connecting  with  the  end  of  the  westerly  track  now  in 
said  avenue,  opposite  the  Wesleyan  Cemetery ; and  said  street 
railway  company  shall  so  long  as  the  same  are  operated  let 
the  westerly  track  remain  in  Hamilton  Avenue  which  is  now 
therein,  between  Knowlton’s  Corner  and  Chase  Street,  and 
both  of  the  tracks  now  in  said  avenue  between  Chase  and 
Josephine  streets,  and  the  easterly  track  in  Colerain  Avenue 


Ordinances  of  the  City  of  Cincinnati 


227 


now  therein,  between  Spring-Grove  Avenue  and  the  northerly 
end  thereof,  opposite  the  entrance  to  the  Wesleyan  Cemetery  ; 
and  whenever  the  tracks  aforesaid  shall  be  removed  said  com- 
pany shall  place  the  easterly  track  now  in  Hamilton  Avenue, 
between  Knowlton’s  Corner  and  Chase  Street,  in  the  center 
of  said  avenue,  and  shall  place  the  westerly  track  now  in 
Colerain  Pike,  between  Spring -Grove  Avenue  and  a point 
opposite  the  entrance  to  the  Wesleyan  Cemetery,  in  the  center 
of  said  pike. 

Whenever  any  of  said  tracks  are  removed  or  readjusted, 
the  company  shall  restore  the  streets  to  good  condition.  And 
said  street  railway  company  is  hereby  authorized  to  construct 
and  thereafter  operate  along  the  whole  of  Route  No.  18  and 
the  extensions  thereof  (as  to  which  such  authority  has  not  been 
heretofore  given)  an  electric  system  of  motive  power,  and  to 
erect  in  the  sidewalks  near  the  curb-lines  of  the  streets  wherein 
the  tracks  now  are  and  are  hereby  authorized  to  be  laid  the 
necessary  supports  for  electric  wires,  and  to  construct  the  neces- 
sary fixtures  and  appliances  for  the  use  of  an  electric  system 
of  motive  power  along  the  tracks  of  said  Route  No.  18 ; pro- 
vided that  in  the  event  of  its  being  deemed  impracticable  to 
operate  cars  by  the  electric  motor  over  the  canal  bridge  at 
Liberty  Street,  eastward  bound,  then  until  said  bridge  shall  be 
lowered  said  route  is  hereby  changed,  and  said  company  is 
hereby  authorized  to  construct  such  electric  system  of  motive 
power  and  operate  its  said  cars  as  follows  as  an  alternative 
portion  of  said  route,  namely,  from  the  junction  of  Harrison 
and  Colerain  avenues  south  along  the  present  track  of  said 
Route  No.  18  to  Central  Avenue;  thence  south  along  the  present 
track  of  Route  No.  1 of  street  passenger  railways  to  Twelfth 
Street ; thence  east  along  the  southerly  track  on  Twelfth  Street 
to  Walnut  Street ; thence  south  along  the  present  track  on 
Walnut  Street  to  Fifth  Street;  thence  west  along  the  present 
north  track  on  Fifth  Street  to  Elm  Street ; thence  north  along 
the  present  east  track  on  Elm  Street  to  Liberty  Street ; and 
thence  over  Route  18. 


228 


Ordinances  of  the  City  of  Cincinnati 


Said  company  shall  have  the  privilege  of  charging  the  same 
rates  of  fare  for  carrying  passengers  over  any  part  or  the  whole 
of  said  portion  of  said  route  lying  north  of  the  Millcreek  bridge 
as  it  is  authorized  to  charge  for  carrying  passengers  under  and 
according  to  the  ordinance  entitled  “An  ordinance  to  provide 
for  the  extension  of  Route  18  of  street  passenger  railroads,  and 
for  the  construction  of  cable  or  other  improved  motive  power 
on  said  route,”  passed  October  27,  1886  ; but  nothing  herein 
shall  authorize  any  increase  of  the  rates  of  fare  fixed  by  said 
ordinance  of  October  27,  1886,  for  the  carriage  of  through  pas- 
sengers over  said  route  ; and  until  the  electric  system  herein 
authorized  is  completed  and  operated  suitable  transfer  checks 
shall  be  furnished  to  such  passengers  at  the  Millcreek  bridge, 
entitling  them  to  continue  their  trips  in  the  direction  contem- 
plated when  the  fares  are  paid  to  the  end  of  the  route  ; the  said 
company  shall  be  released  from  any  obligation  to  sell  or  receive 
package  tickets  for  the  carriage  of  passengers  over  any  part  of 
said  portion  of  said  Route  No.  18  ; and  the  term  of  the  grant 
hereby  made  shall  be  for  a period  and  shall  continue  until 
the  expiration  of  the  grant  made  in  respect  to  Route  No.  18 
under  the  ordinance  last  referred  to.  The  foregoing  is  upon 
the  following  conditions  : 

( 1 ) That  when  the  extension  tracks  aforesaid  are  completed 
as  herein  prescribed,  said  company  shall  operate  cars  by  electric 
power  over  the  portion  of  Route  No.  18  lying  north  of  the  Mill- 
creek bridge  as  a single  circuit,  and  in  connection  with  the  cars 
operated  on  the  portion  of  said  route  lying  south  of  said  bridge, 
in  such  manner  as  to  furnish  convenient  exchange  of  passengers 
from  one  of  said  portions  of  the  route  to  the  other  ; and  said 
extension  tracks  and  the  said  electric  system  of  motive  power 
to  be  placed  along  said  extension  shall  be  constructed  as  above 
authorized  as  soon  as  the  present  improvement  of  Chase  Street, 
between  Hamilton  Avenue  and  Kirby  Road,  is  far  enough  ad- 
vanced to  admit  of  the  placing  of  the  track  therein,  and  said 
old  portion  of  track  may  be  removed  and  the  other  portion 
placed  in  the  center  of  Colerain  Pike  when  the  Colerain  Pike 


Ordinances  of  the  City  of  Cincinnati 


229 


as  far  north  as  Bluerock  Street  is  being  improved  with  granite  ; 
and  within  thirty  days  after  said  new  bridge  over  Mill  Creek 
is  finished  said  company  shall  have  said  electric  system  of 
motive  power  in  operation  across  said  bridge,  and  shall  run 
cars  to  and  over  said  portion  of  the  route  lying  north  of  said 
bridge. 

(2)  That  the  entire  work  which  said  street  railway  company 
is  authorized  by  this  ordinance  to  do,  including  the  reduction 
of  the  crown  of  any  of  the  streets  where  necessary,  shall  be 
done  at  the  expense  of  the  said  company,  and  under  the  direc- 
tion and  to  the  satisfaction  of  the  Board  of  Public  Affairs  and 
its  chief  engineer.  That  the  said  extension  track,  where  au- 
thorized, shall  be  placed  and  maintained  in  the  center  of  the 
streets,  and  the  rails  used  shall  be  of  the  same  pattern  as  those 
now  in  use  in  Hamilton  Avenue,  excepting  along  Colerain 
Avenue,  between  Bluerock  Street  and  Millcreek  bridge,  which 
shall  be  the  girder  or  Johnson  side-bearing  rail  ; and  whenever 
granite  is  placed  in  Spring- Grove,  Hamilton,  and  Colerain 
avenues  the  present  rails  therein  shall  be  replaced  by  said 
girder  rail.  That  the  supports  for  said  electric  system  of  motive 
power  shall  be  metal,  and  of  the  best  and  most  improved  pattern, 
and  no  wires  shall  be  placed  above  and  over  any  street  within 
less  than  twenty  feet  from  the  surface  thereof. 

(3)  The  said  company  shall  execute  and  deliver  to  said 
Board  of  Public  Affairs  a bond  in  favor  of  the  city  of  Cincinnati 
in  the  penal  sum  of  twenty-five  thousand  dollars,  to  the  satis- 
faction of  said  board,  conditioned  for  the  faithful  performance 
of  all  and  singular  the  provisions  of  this  ordinance. 

No.  4301.  Passed  December  27,  1889. 

Requiring  cable  and  electric  cars  that  do  not  stop  at  all  intersecting 
streets  to  have  signs  so  stating. 

Be  it  ordained  by  the  Common  Council  of  Cincinnati : 

SEC.  1.  That  every  car  operated  upon  or  over  any  cable 
or  electric  street  railroad  in  this  city  which  does  not  stop  at 
all  intersecting  streets  on  the  line  of  such  road  must  have 


230 


Ordinances  of  the  City  of  Cincinnati 


conspicuously  displayed  on  both  sides  of  the  outside  of  such 
car,  and  also  on  both  sides  of  the  inside’  of  such  car,  signs  at 
least  three  feet  long  and  one  foot  wide  each,  stating  in  large 
plain  letters  that  such  cars  will  not  stop  between  certain 
points,  designating  them. 

SEC.  2.  Any  person  or  company  operating  any  car  over  any 
such  road  in  violation  of  the  provisions  of  this  ordinance  shall 
upon  conviction  thereof  in  the  Police  Court  be  fined  in  a sum 
not  exceeding  fifty  dollars  and  not  less  than  ten  dollars  for  each 
and  every  such  offense. 

No.  4325.  Passed  February  7,  1890. 

To  authorize  the  South  Coving-ton  and  Cincinnati  Street  Railway- 
Company  to  construct  and  operate  an  electric  system  of  motive 
power  over  that  portion  of  Route  No.  9 lying-  on  Front,  Walnut, 
Vine,  and  Fifth  streets,  now  being-  operated  as  a street  railway 
by  said  company,  and  to  fix  the  rate  of  speed  thereon. 

Be  it  ordained  by  the  Common  Council  of  Cincinnati : 

Whereas , The  necessities  of  the  times  demand  more  rapid 
transit  upon  street  railways  than  is  furnished  by  animal 
power ; and 

Whereas , The  South  Covington  and  Cincinnati  Street  Rail- 
way, a corporation  organized  under  the  laws  of  Ohio,  and  now 
operating  a street  railway  over  that  portion  of  Route  No.  9 
lying  on  Front,  Walnut,  Vine,  and  Fifth  streets,  under  ordi- 
nance passed  November  2,  1877,  is  desirous  of  establishing 
an  electric  system  of  motive  power  upon  the  line  so  operated 
by  it ; and 

Whereas , The  construction  and  operation  of  an  electric 
system  of  motive  power  on  said  line  will  require  said  company 
to  incur  increased  cost  and  expense  : 

Now,  therefore , In  consideration  of  the  premises  and  the 
improved  facilities  for  the  public  convenience  hereby  contem- 
plated, and  the  large  expenditures  necessary  to  secure  and 
promote  the  same,  the  South  Covington  and  Cincinnati  Street 
Railway  Company  be  and  the  same  is  hereby  authorized  and 
empowered  to  construct,  maintain,  and  operate  on  and  over  that 


Ordinances  of  the  City  of  Cincinnati 


231 


part  of  Route  No.  9 on  Front,  Walnut,  Fifth,  and  Vine  streets, 
on  and  over  which  it  is  now  operating  its  line  of  street  railway 
by  animal  power,  an  overhead  electric  system  of  motive  power 
for  moving  street  cars,  and  to  open  sidewalks  near  the  curb-line 
in  and  along  said  streets  to  place  therein  the  necessary  supports 
for  electric  wires,  and  all  other  necessary  fixtures  and  appliances 
for  the  use  of  electric  motor  power  along  the  tracks  herein- 
before mentioned,  and  to  run  and  operate  its  cars  along  and 
over  said  tracks  by  electric  motor  power ; that  the  time  of  the 
grant  to  the  South  Covington  and  Cincinnati  Street  Railway 
Company  to  use  said  part  of  Route  No.  9 is  hereby  extended 
for  a period  of  twenty-five  years  from  and  after  the  passage  of 
this  ordinance,  upon  the  following  conditions  : 

No.  1 — That  should  the  electric  system  so  authorized  as 
aforesaid  be  constructed  and  thereafter  abandoned,  and  no  other 
improved  system  of  rapid  transit  be  introduced  by  consent  of 
the  municipal  authorities,  said  company  shall  restore  animal 
power  as  the  motive  power  on  said  line ; in  such  event  the 
extension  of  time  of  grant  provided  for  in  this  ordinance,  and 
all  other  terms  aud  conditions  of  this  ordinance,  shall  become 
null  and  void.  All  the  work  herein  authorized  shall  be  done 
under  the  supervision  of  and  to  the  satisfaction  of  the  Board 
of  Public  Affairs,  and  the  plan  of  poles  and  wires  shall  be 
approved  by  said  board  before  the  work  of  construction  begins. 
That  the  rate  of  speed  of  any  car  over  said  tracks  or  any  of 
them  shall  not  exceed  ten  miles  an  hour.  That  all  the  terms 
and  conditions  of  the  ordinance  passed  November  2,  1877, 
entitled  “An  ordinance  authorizing  the  South  Covington  and 
Cincinnati  Street  Railway  Company  to  run  cars  between  the 
Suspension  Bridge  and  Fifth  Street,”  except  as  the  same 
have  been  hereby  modified  and  changed,  shall  remain  in 
full  force  and  effect,  and  become  part  hereof.  The  rate  of 
fare  over  that  part  of  Route  No.  9 operated  under  the  pro- 
visions of  this  ordinance  shall  not  exceed  three  cents  ; but 
nothing  herein  shall  be  construed  as  affecting  the  right  of 
transfer  according  to  the  terms  and  provisions  of  the  ordinance 


232 


Ordinances  of  the  City  of  Cincinnati 


of  November  2,  1877.  No  car  shall  be  operated  over  said  route 
unless  it  has  both  a conductor  and  driver  or  motorman  in 
charge  of  the  same. 

No.  £ — That  said  company  shall  execute  and  deliver  to  said 
Board  of  Public  Affairs  a bond  in  favor  of  the  city  of  Cincinnati 
in  the  penal  sum  of  ten  thousand  dollars,  to  the  satisfaction  of 
the  Board  of  Public  Affairs,  conditioned  for  the  faithful  observ- 
ance and  performance  of  all  and  singular  the  provisions  of  this 
ordinance. 

No.  50.  Passed  September  5,  1890. 

To  establish  Route  No.  23  of  street  passenger  railroads. 

Be  it  ordained  by  the  City  Council  of  Cincinnati: 

SEC.  1.  That  Route  No.  23  of  street  passenger  railroads  be 
and  the  same  is  hereby  established  as  follows  : Commencing  at 
or  near  the  junction  of  Central  Avenue  with  Colerain  Avenue ; 
thence  northwardly  over  the  approach  provided  for  the  bridge 
which  crosses  over  the  Miami  and  Erie  Canal  to  said  bridge  ; 
thence  over  said  bridge  and  over  the  approach  provided  there- 
for in  lots  207,  208  and  209  in  Colonel  John  Riddle’s  estate 
to  Browne  Street ; thence  over  the  present  tracks  on  Browne 
Street  to  Warner  Street;  thence  east  on  Warner  Street  to 
Fairview  Avenue ; thence  on  Fairview  Avenue,  from  the  south 
end  thereof,  to  Straight  Street ; thence  east  on  Straight  Street 
to  Clifton  Avenue  ; thence  north  on  the  sidewalks  to  Clifton 
Avenue,  near  the  curb-lines,  to  the  north  corporation  line 
of  the  city  of  Cincinnati ; thence  returning  over  the  same 
route  to  the  place  of  beginning.  The  number  of  tracks  over 
the  entire  route  will  be  two,  with  the  necessary  turntables, 
turnouts,  sidetracks,  and  switches ; the  said  route  being  fully 
shown  on  plat  on  file  in  the  office  of  the  Board  of  Public 
Improvements. 

Sec.  2.  The  motive  power  shall  be  either  horse,  electricity, 
cable,  or  such  other  approved  motive  power  as  may  come  into 
general  use,  except  on  that  portion  of  the  line  on  Warner  Street 


Ordinances  of  the  City  of  Cincinnati 


233 


on  which  an  incline  plane  shall  be  built  and  operated.  The 
right  to  operate  said  route  shall  be  for  the  period  of  twenty-five 
years  from  the  date  of  grant. 

SEC.  3.  The  consent  of  the  majority  of  the  property-owners 
in  front  feet  on  each  street  shall  be  filed  with  the  Board  of 
Public  Improvements  before  the  award  is  made,  except  on 
Warner  Street,  where  the  consent  of  all  the  property-owners 
owning  property  shall  be  secured.  In  case  the  successful  bidder 
fail  to  get  the  consents  of  all  property  - owners  on  Warner 
Street,  then  he  or  they  shall  have  the  right  to  change  and 
build  that  portion  of  the  route  by  an  inclined  railway  on 
private  property. 

Sec.  4.  The  construction  of  the  line  on  the  roiite  shall  be 
commenced  within  ninety  days,  and  the  entire  route  shall  be 
completed  and  in  operation  within  twelve  months  from  the  time 
the  grant  is  awarded,  or  this  ordinance  shall  be  void,  unless 
delayed  by  legal  proceedings.  The  right  is  hereby  reserved  by 
the  city  of  Cincinnati  to  grant  to  any  other  person,  persons,  or 
company  or  companies  hereafter  the  right  to  occupy  and  use 
any  portion  or  all  of  the  tracks,  poles,  wires,  and  all  necessary 
appliances  which  are  herein  authorized  to  be  placed  in  Clifton 
Avenue,  between  Calhoun  Street  and  the  north  corporation 
line,  and  on  condition  that  such  person  or  persons,  company 
or  companies  shall  use  cable,  electric,  or  other  improved  motive 
power  for  rapid  transit,  and  first  pay  or  tender  an  equal  propor- 
tion of  the  cost  of  constructing  such  tracks,  poles,  wires,  and 
necessary  appliances,  and  furnish  a proper  obligation  to  pay 
an  equal  proportion  of  the  cost  of  maintaining  such  tracks, 
poles,  wires,  and  necessary  appliances  to  the  person  or  persons, 
company  or  companies  theretofore  occupying  said  tracks ; and 
in  the  event  of  a failure  of  the  legal  representatives  of  said 
various  persons  or  companies  using  said  road  to  agree  upon 
the  amount  to  be  paid  under  the  provisions  of  this  section,  the 
Board  of  Public  Improvements  shall  appoint  an  arbitrator  to 
determine  the  same,  whose  decision,  with  the  approval  of  said 
board,  shall  be  final,  and  all  expenses  of  said  arbitration  shall 


234 


Ordinances  of  the  City  of  Cincinnati 


be  paid  by  the  contracting  parties;  provided,  however,  that 
any  grant  of  a second  or  further  company  to  use  such  tracks 
shall  be  on  condition  that  the  cars  run  in  the  same  direction 
as  those  of  the  grantee  herein  are  or  shall  be  run. 

SEC.  5.  The  owners  shall  pay  into  the  city  treasury  four 
dollars  per  lineal  foot  per  annum,  inside  measurement,  on  each 
car  operated  on  the  line,  and  two  and  one  half  per  cent  of  the 
gross  receipts ; said  payments  to  be  made  at  the  end  of  each 
six  months  after  the  date  that  the  line  begins  operations ; and 
shall  accept  under  all  the  provisions  of  the  general  ordinance 
providing  for  the  construction  and  operation  of  street  railroads, 
passed  February  7,  1879. 

SEC.  6.  That  the  city  clerk  is  hereby  directed  to  advertise 
for  sealed  proposals  to  construct  and  operate  said  street  rail- 
road as  established  in  this  ordinance,  in  manner  as  provided  in 
Section  2 of  said  general  ordinance  passed  February  7,  1879, 
and  in  pursuance  to  the  statutes  of  the  state  of  Ohio. 

No.  68.  Passed  September  12,  1890. 

To  provide  for  the  extension  of  Route  No.  2 of  street  passenger 
railroads. 

Be  it  ordained  by  the  City  Council  of  Cincinnati: 

Sec.  1.  Whereas , The  Cincinnati  Street  Railway  Company 
owns  and  operates  Route  No.  2 of  street  passenger  railroads, 
and  has  produced  to  the  Board  of  Public  Improvements  and  to 
the  City  Council  the  written  consents  to  the  extension  herein- 
below  authorized  of  the  owners  of  more  than  one  half  of  the 
feet  front  of  the  lots  and  lands  abutting  on  the  portion  of  street 
along  which  it  is  proposed  to  construct  the  tracks  of  such 
extension  : 

Now,  therefore , Said  Route  No.  2 as  heretofore  established 
and  extended  by  ordinance  is  hereby  extended,  and  the  Cincin- 
nati Street  Railway  Company  so  owning  and  operating  said 
road  is  hereby  authorized  and  permitted  to  extend  the  tracks 
thereof  from  the  intersection  of  Freeman  Avenue  and  Liberty 
Street  westwardly  by  double  track  along  Liberty  Street,  occu- 


Ordinances  of  the  City  of  Cincinnati 


235 


pying  the  tracks  now  in  Liberty  Street,  to  Western  Avenue ; 
thence  continuing  westwardly  by  double  track  along  Liberty 
Street  and  over  the  viaduct  now  in  course  of  construction  along 
said  street  to  State  Avenue;  thence  returning  along  said  tracks 
so  to  be  constructed  and  used  in  Liberty  Street  to  Freeman 
Avenue;  and  thence  eastwardly  along  Liberty  Street  to  Linn 
Street  on  the  south  track  now  existing  in  said  street.  The 
foregoing  is  upon  the  following  conditions  : 

( 1 ) That  the  tracks  thus  authorized  to  be  constructed  shall 
be  placed  in  the  central  portion  of  the  street  equidistant  between 
the  curb-lines  thereof,  and  with  sufficient  space  between  said 
tracks  to  admit  of  the  safe  and  convenient  passage  of  cars 
thereon  ; that  the  rails  used  in  the  construction  of  said  exten- 
sion tracks  shall  be  the  same  in  form  as  those  now  in  use  on  said 
Route  No.  2 ; that  said  extension  tracks  shall  be  constructed 
under  the  direction  and  to  the  satisfaction  of  the  Board  of  Public 
Improvements  and  its  chief  engineer ; and  that  the  entire  work 
shall  be  done  at  the  exclusive  expense  of  said  street  railway 
company. 

( 2 ) That  the  charge  for  carrying  passengers  on  said  Route 
No.  2 so  extended  shall  not  be  increased  by  reason  of  this 
extension ; that  the  motive  power  used  in  propelling  cars 
thereon  shall  be  the  same  as  that  now  in  use  or  hereafter 
authorized  to  be  used  on  and  over  said  Route  No.  2 ; and  that 
the  tracks  herein  authorized  to  be  laid  shall  be  completed  within 
twelve  months  after  the  completion  of  the  viaduct  aforesaid 
and  of  the  said  Liberty  Street  so  as  to  admit  of  the  passage 
of  cars  and  other  vehicles  thereon  between  Linn  Street  and 
State  Avenue. 

(3)  That  the  City  Council  may  grant  the  right  to  other 
street  railroads  to  run  over  any  portion  or  all  of  the  tracks 
of  said  route  as  hereby  extended  ; said  Liberty  Street,  from 
Freeman  Avenue  west  to  State  Avenue,  being  hereby  added  to 
what  is  known  as  “ free  territory.” 

(4)  That  for  the  due  and  faithful  performance  of  the  pro- 
visions of  this  ordinance  said  company  shall  execute  and  deliver 


236 


Ordinances  of  the  City  of  Cincinnati 


a bond  to  the  Board  of  Public  Improvements  in  favor  of  the 
city  of  Cincinnati  in  the  penal  sum  of  ten  thousand  dollars. 

Sec.  2.  This  extension  is  made  subject  to  all  the  terms 
and  conditions  of  the  general  street  railway  ordinance  passed 
February  7,  1879,  and  the  amendments  thereto,  so  far  as  they 
are  not  inconsistent  herewith. 

No.  82.  Passed  December  19,  1890. 

To  provide  for  the  extension  of  Route  No.  5 of  street  railways,  and 
of  the  railway  known  as  the  Cincinnati  and  Clifton  Division,  and 
also  for  the  construction  and  use  of  an  electric  system  of  motive 
power. 

Be  it  ordained  by  the  City  Council  of  Cincinnati: 

Sec.  1.  Whereas , The  Cincinnati  Street  Railway  Company, 
owning  and  operating  Route  No.  5 of  street  railways,  and  of 
what  is  known  in  its  system  of  roads  as  the  Cincinnati  and 
Clifton  Division,  desires  and  has  made  application  for  the  per- 
mission to  extend  the  tracks  of  said  railways,  and  has  produced 
to  the  Board  of  City  Affairs  and  to  the  Council  the  written 
consents  to  the  extensions  liereinbelow  authorized  of  the  owners 
of  more  than  one  half  of  the  front  feet  of  the  lots  and  lands 
abutting  upon  the  portions  of  streets  along  which  it  is  proposed 
to  construct  tracks  in  making  such  extensions : 

Now,  therefore , The  railway  tracks  of  said  Route  No.  5 and 
of  said  Cincinnati  and  Clifton  Division  are  hereby  authorized 
to  be  extended,  and  the  Cincinnati  Street  Railway  Company, 
owning  and  operating  said  railways  as  aforesaid,  is  hereby  au- 
thorized and  permitted  to  use  and  occupy  the  streets  hereinafter 
named  by  extending  such  tracks  thereon  as  follows  : 

From  the  north  terminus  of  the  tracks  of  said  Route  No.  5 
in  Elm  Street  northwardly  and  across  McMicken  Avenue  by 
double  track,  as  such  tracks  are  usually  constructed,  to  and 
connecting  with  the  tracks  of  the  Cincinnati  and  Clifton  Incline 
Plane ; thence  northwardly  along  and  over  the  tracks  of  said 
incline  plane  to  the  north  end  thereof ; thence  northwardly 
along  and  over  the  tracks  of  said  Cincinnati  and  Clifton  Division 
to  and  through  Ohio  Avenue  to  McMillan  Street ; thence  from 


Ordinances  of  the  City  of  Cincinnati 


237 


the  intersection  of  Ohio  Avenue  and  McMillan  Street  west- 
wardly  by  double  track  along  and  in  the  center  of  McMillan 
Street,  as  double  tracks  are  usually  constructed,  to  Clifton 
Avenue ; thence  northwardly  by  double  track  along  and  in  the 
center  of  Clifton  Avenue,  as  double  tracks  are  usually  con- 
structed, to  a suitable  point  south  of  Calhoun  Street,  to  curve 
in  either  direction  northwardly  by  a continuation  of  said  double 
track  so  as  to  extend  a single  track  to  and  upon  each  sidewalk 
near  the  curb-line  of  said  Clifton  Avenue  at  the  north  line  of 
Calhoun  Street  produced  west ; thence  continuing  each  of  said 
single  tracks  northwardly  along  said  sidewalks  near  the  curb- 
line of  said  Clifton  Avenue  to  the  tracks  therein  of  street 
railroad  Route  No.  23  ; thence  upon  said  tracks,  as  the  route 
thereof  has  been  established,  to  the  north  corporation  line  : 
Provided,  however,  that  if  said  tracks  of  said  street  railroad 
Route  No.  23  are  not  constructed  at  the  time  the  grantee  herein 
shall  desire  to  construct  and  use  tracks  along  said  portion  of 
Clifton  Avenue,  then  and  in  that  case  the  grantee  hereunder 
shall  and  is  hereby  authorized  to  construct  said  portions  of 
tracks  of  said  Route  No.  23,  but  such  construction  of  said  tracks 
and  the  right  of  said  grantee  to  use  the  same  shall  not  prevent 
said  portions  of  tracks  from  being  considered  and  measured  as 
portions  of  Route  No.  23,  and  shall  be  subject  to  the  right  of  the 
grantee  of  said  Route  No.  23  to  use  and  operate  cars  upon  said 
portion  of  tracks  the  same  as  if  said  grantee  of  Route  No.  23 
had  constructed  said  tracks,  and  the  acceptance  of  this  grant 
shall  be  treated  as  consent  by  the  grantee  herein  to  those  pro- 
visions touching  the  rights  of  the  grantee  of  Route  No.  23  ; on 
condition,  however,  that  said  grantee  of  Route  No.  23  shall 
observe  and  perform  the  provisions  of  Article  3 of  Section  2 
hereof. 

Said  company  shall  erect  and  maintain  suitable  fences  for 
the  protection  of  pedestrian  travel  along  the  line  of  its  railroad 
tracks  on  Clifton  Avenue  whenever  ordered  to  do  so  by  the 
Board  of  City  Affairs,  the  erection  of  such  fences  to  be  under 
direction  and  to  the  satisfaction  of  the  Board  of  City  Affairs 


238 


Ordinances  of  the  City  of  Cincinnati 


and  its  engineer.  At  the  corporation  line  a crossover  may  be 
constructed  for  the  purpose  of  passing  cars  from  one  of  said 
tracks  to  the  other  ; but  such  crossover  shall  not  be  constructed 
if  said  company  shall  obtain  the  right  to  continue  the  extension 
of  these  tracks  into  Clifton  ; and  if  constructed,  and  such  right 
to  an  extension  into  Clifton  is  afterwards  obtained,  such  cross- 
over shall  not  be  maintained  after  such  extension  is  made. 
The  curves  aforesaid  at  and  near  the  intersection  of  Calhoun 
Street  with  Clifton  Avenue  and  the  crossover  at  the  corpora- 
tion line  shall  be  laid  under  the  direction  of  the  chief  engineer 
of  the  Board  of  City  Affairs.  No  increase  of  the  rates  of  fare 
shall  be  made  by  reason  of  the  extension  aforesaid. 

Sec.  2.  And  whereas  said  Cincinnati  Street  Railway  Com- 
pany is  willing  to  change  the  motive  power  and  reduce  certain 
authorized  rates  of  fare  as  hereinafter  mentioned,  on  the  con- 
ditions below  named ; and  whereas  owing  to  the  length  of 
the  road  and  grades  along  and  over  which  the  cars  must  be 
operated,  and  the  necessity  for  convenient  and  rapid  transit 
in  order  to  furnish  due  accommodation  to  the  public,  an  im- 
proved motive  power  is  necessary;  and  whereas  the  mode  of 
construction  and  the  improved  power  proposed  will  require 
increased  cost  and  expense  on  the  part  of  the  said  company: 

Now , therefore , In  consideration  of  the  premises  and  of  the 
improved  facilities  hereby  contemplated,  the  large  expenditures 
necessary  to  furnish  the  same,  and  the  proposed  reduction  of 
certain  authorized  rates  of  fare,  the  said  Cincinnati  Street  Rail- 
way Company  is  hereby  authorized  and  empowered  to  construct 
and  operate,  on  the  portion  of  the  tracks  aforesaid  between  the 
present  north  terminus  of  Route  No.  5 in  Elm  Street  and  the 
north  corporation  line  of  the  city  in  Clifton  Avenue,  an  electric 
system  of  motive  power,  and  to  erect  and  construct  in  the  side- 
walks near  the  curb-lines  of  the  streets  wherein  the  tracks  now 
are,  and  are  hereby  authorized  to  be  laid,  the  necessary  supports 
for  electric  wires,  and  construct  the  necessary  fixtures  and  ap- 
pliances for  the  use  of  an  electric  system  of  motive  power  along 
said  tracks  in  said  streets,  excepting,  however,  along  that  portion 


Ordinances  of  the  City  of  Cincinnati 


239 


of  Clifton  Avenue  aforesaid  wherein  the  extension  tracks  are  to 
be  placed  in  the  sidewalks  as  hereinbefore  provided,  and  there 
said  company  is  hereby  authorized  and  empowered  to  erect  and 
construct  in  the  sidewalks  adjacent  to  the  tracks  the  necessary 
supports  for  electric  wires,  and  construct  the  necessary  fixtures 
and  appliances  for  the  use  of  such  electric  system  of  motive 
power  along  said  tracks.  For  the  purpose  of  supplying  the 
electricity  required  for  the  operation  of  said  electric  plant,  said 
company  is  authorized  to  place  and  maintain  the  necessary  sup- 
ports, wires,  and  appliances  in  Harrison,  Central,  and  McMicken 
avenues,  between  its  power-house  on  Harrison  Avenue  and  the 
foot  of  its  incline  plane  on  McMicken  Avenue  ; and  after  so 
constructing  said  electric  system  of  motive  power  said  company 
shall  have  the  privilege  of  charging  not  to  exceed  a uniform 
rate  of  five  cents  for  one  continuous  passage  of  each  person  in 
either  direction  over  any  portion  or  all  of  the  line  between 
Carrel  Street  (Columbia)  and  the  north  corporation  line  in 
Clifton  Avenue  over  Route  No.  7 and  Route  No.  5,  and  over 
its  incline  plane  and  said  Ohio-avenue  railway,  as  the  same 
and  Route  No.  5 are  by  this  ordinance  extended  northwardly, 
and  a uniform  rate  of  fare  of  five  cents  for  one  continuous  pas- 
sage of  each  person  in  either  direction  over  any  portion  of  its 
routes,  from  the  north  corporation  line  of  the  city  in  Clifton 
Avenue,  by  way  of  McMicken  Avenue  and  Vine-street  cable,  to 
Fountain  Square,  excepting  in  every  instance  children  under 
ten  years  of  age,  who  shall  be  charged  three  cents,  or  two  for 
one  fare  of  five  cents  ; provided  that  nothing  herein  shall  in 
any  wise  affect  the  rates  of  fare  or  any  other  provision  prescribed 
or  contained  in  the  ordinance  for  the  extension  of  Route  No.  7, 
and  for  the  construction  of  an  electric  system  of  motive  power 
along  said  Route  No.  7 and  upon  a portion  of  Route  No.  5, 
passed  October  25,  1889,  except  that  the  time  for  completing 
the  construction  of  the  electric  system  of  motive  power  pro- 
vided for  in  said  last-mentioned  ordinance  is  hereby  extended 
to  the  1st  day  of  April,  1891.  And  after  so  completing  the 
electric  system  of  motive  power  aforesaid  north  of  the  north 


240 


Ordinances  of  the  City  of  Cincinnati 


terminus  of  Route  No.  5 in  Elm  Street,  said  company  shall  be 
released  from  any  obligation  to  sell  or  receive  package  tickets 
for  the  carriage  of  passengers  over  any  portion  of  its  said  rail- 
way in  Ohio  Avenue,  or  the  said  proposed  extension  between 
said  avenue  and  Clifton  ; and  the  terms  of  the  grant  of  said 
Route  No.  5 and  of  the  said  railway  in  Ohio  Avenue,  upon  the 
construction  of  said  electric  system,  is  hereby  extended  to  a 
period  of  twenty-five  years,  and  the  grant  of  the  extension  so 
authorized  shall  be  for  a like  period,  from  the  date  of  the 
passage  of  this  ordinance,  upon  the  following  conditions  : 

(1)  That  the  entire  work  authorized  hereby,  including  the 
reductions  of  the  crowns  of  the  streets  where  necessary,  shall 
be  done  at  the  sole  expense  of  said  company,  and  under  the 
direction  and  to  the  satisfaction  of  the  Board  of  City  Affairs 
and  its  chief  engineer.  That  the  said  extension  tracks,  where 
constructed  as  ordinary  double  tracks,  shall  be  placed  and 
maintained  in  the  central  portion  of  the  streets,  at  such  a dis- 
tance apart  as  to  allow  for  the  safe  and  convenient  passage 
of  cars  thereon.  That  the  rails  to  be  used  in  the  construction 
of  said  extension  tracks  shall  be  of  the  pattern  known  as  the 
“Johnson  side-bearing  rail”  or  the  “girder  rail,”  of  weight  not 
less  than  fifty-two  pounds  per  yard.  That  the  supports  of  such 
electric  system  of  motive  power  shall  be  of  metal,  and  of  the 
best  and  most  improved  pattern;  and  no  wires  shall  be  placed 
above  and  across  or  along  any  street  within  less  than  twenty 
feet  of  the  surface  thereof. 

(2)  That  the  work  herein  authorized  shall  be  completed 
within  one  year  from  the  passage  hereof,  unless  prevented  by 
litigation.  That  the  Cincinnati  Street  Railway  Company,  the 
grantee  herein,  shall  pay  for  all  the  cars  run  on  Ohio  Avenue 
and  over  the  extension  above  provided  for  a car  license  at  the 
rate  of  four  dollars  per  lineal  foot  of  every  such  car,  inside 
measurement,  and  two  and  one  half  per  cent  of  the  gross 
earnings  from  every  source  of  such  company  from  the  railway 
aforesaid  in  Ohio  Avenue  and  the  extension  between  there 
and  Clifton,  and  every  portion  of  the  route  hereby  extended, 


Ordinances  of  the  City  of  Cincinnati 


241 


including  its  incline  plane,  as  provided  in  Section  11  of 
an  ordinance  providing  for  the  construction,  operation,  and 
government  of  street  railroads,  passed  February  7,  1879  ; and 
shall  be  subject  to  all  the  other  provisions  of  said  ordinance 
so  far  as  the  same  are  consistent  with  the  provisions  of 
this  ordinance.  And  that  said  company  shall  execute  and 
deliver  to  the  said  Board  of  City  Affairs  a bond  in  favor  of  the 
city  of  Cincinnati  in  the  penal  sum  of  twenty-five  thousand 
dollars,  to  the  satisfaction  of  said  board,  conditioned  for  the 
faithful  performance  of  all  and  singular  the  provisions  of  this 
ordinance. 

(3)  The  right  is  hereby  reserved  to  the  city  of  Cincinnati, 
and  the  grantee  herein  consents  to  this  reservation,  to  grant 
to  any  person  or  company  the  right  to  occupy  and  use  any 
portion  or  all  of  the  tracks,  poles,  wires,  and  all  necessary 
appliances  which  are  herein  authorized  to  be  placed  in  Clifton 
Avenue,  between  Calhoun  Street  and  the  north  corporation 
line,  on  condition  that  such  person  or  company  shall  use 
cable,  electric,  or  other  improved  motive  power  for  rapid 
transit,  and  first  pay  or  tender  an  equal  proportion  of  the 
cost  of  constructing  said  tracks,  poles,  wires,  and  necessary 
appliances,  and  furnish  a proper  obligation  to  pay  an  equal 
proportion  of  the  cost  of  maintaining  such  tracks,  poles, 
wires,  and  necessary  appliances,  and  also  run  the  cars  in 
the  same  direction  as  those  of  the  grantee  herein  are  or  shall 
be  run.  And  it  is  further  provided  that  passengers  shall  be 
carried  in  either  direction  on  said  Route  No.  5 between 
Fourth  and  Walnut  streets  and  the  north  terminus  of  the 
railway  at  Clifton  without  change  of  cars  ; and  the  street  rail- 
way company  shall  furnish  suitable  means  for  transferring 
passengers  at  Walnut  and  Fourth  and  Fifth  streets  to  make 
continuous  trips  in  either  direction  beyond  Walnut  Street  over 
the  routes  No.  5 and  No.  7,  and  shall  provide  suitable  means 
for  transferring  passengers  at  the  foot  of  the  incline  plane  to 
make  continuous  trips  in  either  direction  by  way  of  McMicken 
Avenue  and  Vine  Street,  and  also  suitable  means  for  trans- 


242 


Ordinances  of  the  City  of  Cincinnati 


ferring  passengers  at  the  corner  of  Sixth  and  Kim  streets  to 
make  continuous  trips  in  either  direction  over  the  extension 
of  Route  No.  5 along  Sixth  and  Baymiller  streets  ; but  such 
transfers  shall  be  such  as  will  entitle  the  passenger  only  to  a 
continuous  trip. 

No.  83.  Passed  December  19,  1890. 

Granting1  to  Isaac  J.  Miller  the  rig'ht  to  construct  and  operate  Route 
No.  23  of  street  passeng-er  railroads. 

[In  the  case  of  Adam  and  Henry  Knorr,  taxpayers,  on  behalf  of  the 
City  of  Cincinnati  v.  I.  J.  Miller  et  al.,  No.  1093,  in  the  Circuit  Court  of 
Hamilton  County,  this  ordinance  and  the  contract  entered  into  under  it 
were  adjudged  to  be  illegal  and  void,  on  the  ground  that  Simeon  M.  Johnson 
was  a lower  bidder  in  good  faith  for  the  right  to  construct  said  street  rail- 
road Route  No.  23,  which  judgment  was  affirmed  in  the  Supreme  Court 
of  Ohio,  January,  1892.] 

No.  104.  Passed  January  16,  1891. 

To  establish  Route  No.  24  of  street  passeng-er  railways. 

Be  it  ordained  by  the  Council  of  Cincinnati : 

Sec.  1.  That  Route  No.  24  of  street  passenger  railways  be 
and  the  same  is  hereby  established  as  follows  : Commencing  at 
or  near  the  intersection  of  Hamilton  Avenue  with  the  north 
corporation  line  of  Cincinnati ; thence  southwardly  on  Hamilton 
Avenue  to  Josephine  Street ; thence  over  the  present  tracks  of 
the  Cincinnati  Street  Railway  Company  on  Hamilton  Avenue 
to  the  intersection  of  said  avenue  with  Spring-Grove  Avenue  ; 
thence  returning  over  the  same  route  to  the  place  of  beginning. 
The  number  of  tracks  over  the  entire  route  will  be  two,  with 
the  necessary  switches,  turntable,  turnouts,  and  sidetracks  ; the 
said  route  being  fully  shown  on  a plat  on  file  in  the  office  of  the 
Board  of  Public  Improvements. 

Sec.  2.  The  motive  power  shall  be  either  horse,  electricity, 
cable,  or  such  other  approved  motive  power  as  may  come  into 
general  use.  The  right  to  operate  said  route  shall  be  for  the 
period  of  twenty-five  years  from  the  date  of  the  grant. 

Sec.  3.  The  consent  of  the  majority  of  the  property-owners 
in  feet  front  on  Hamilton  Avenue,  between  the  north  terminus 


Ordinances  of  the  City  of  Cincinnati  243 

of  said  proposed  railroad  and  Josephine  Street,  shall  be  filed 
with  the  Board  of  Public  Improvements  before  the  award  is 
made. 

SEC.  4.  The  entire  route  shall  be  completed  and  in  opera- 
tion within  twelve  months  from  the  time  the  award  is  granted 
or  the  ordinance  shall  be  void,  unless  delayed  by  legal  pro- 
ceedings. 

Sec.  5.  The  owners  shall  pay  into  the  city  treasury  four 
dollars  per  lineal  foot  per  annum,  inside  measurement,  on  each 
car  operated  on  the  line,  and  two  and  one  half  per  cent  of  the 
gross  receipts.  Said  payments  to  be  made  at  the  end  of  each 
six  months  after  the  date  after  the  line  begins  operations,  and 
shall  accept  under  and  comply  with  all  the  provisions  of  the 
general  ordinance  providing  for  the  construction  and  operation 
of  street  railroads,  passed  February  7,  1879. 

Sec.  6.  That  the  city  clerk  is  hereby  directed  to  advertise 
for  sealed  proposals  to  construct  and  operate  said  street  rail- 
road as  established  in  this  ordinance,  in  manner  as  provided  in 
Section  2 of  said  general  ordinance  passed  February  7,  1879, 
and  in  pursuance  to  the  statutes  of  the  State  of  Ohio. 

NO.  101.  Passed  January  16,  1891. 

To  require  a watchman  at  Gilbert  - avenue  and  McMillan  - street 
street  railway  crossing-s. 

Be  it  ordained  by  the  Council  of  Cincinnati : 

Sec.  1.  That  the  street  railway  companies  operating  street 
railway  routes  intersecting  at  the  corner  of  Gilbert  Avenue 
and  McMillan  Street  be  and  the  same  are  hereby  required  to 
keep  a watchman  stationed  at  the  said  corner  between  the 
hours  of  4 o’clock  p.  m.  and  7 o’clock  p.  m.,  each  day  of  the 
week  except  Sunday,  for  the  purpose  of  warning  people  of 
approaching  cars. 

SEC.  2.  Each  street  railroad  company  failing  to  comply  with 
the  provisions  of  this  ordinance  shall  be  fined  in  the  sum  of 
twenty-five  dollars,  and  each  day  that  such  company  fails  to 
comply  herewith  shall  constitute  a separate  offense. 


244 


Ordinances  of  the  City  of  Cincinnati 
No.  171.  Passed  April  3,  1891. 

Providing-  for  the  extension  of  Route  No.  2 of  the  Newport  and  Cin- 
cinnati Street  Railroad  Company,  and  for  the  construction  and 
operation  of  an  electric  system  of  motive  power  on  and  over  said 
route  and  the  extension  thereof  herein  provided  for. 

Be  it  ordained  by  the  City  Cou?icil  of  Cincinnati : 

Whereas , A new  bridge  is  being  erected  over  the  Ohio  River 
between  the  cities  of  Newport  (Ky.)  and  Cincinnati  (O.),  and 
it  is  important  that  street  railway  connections  be  made  there- 
with ; and 

Whereas , The  Newport  and  Cincinnati  Street  Railway  Com- 
pany, a corporation  organized  under  the  laws  of  Ohio,  owns 
and  is  now  operating  a line  of  street  railway,  commencing  at 
the  Newport  and  Cincinnati  bridge,  running  thence  north  on 
Butler  Street  to  Pearl  Street,  thence  west  on  Pearl  Street  to 
Broadway,  thence  on  Broadway  to  Fourth,  thence  on  Fourth 
to  Walnut,  thence  on  Walnut  to  Fifth,  thence  on  Fifth  Street 
to  Broadway,  thence  south  on  Broadway  to  Pearl,  thence  east 
on  Pearl  to  Butler,  and  thence  to  the  place  of  beginning ; and 
Whereas , Said  railway  company  is  desirous  of  extending  its 
track  on  Broadway  south  of  Pearl  Street,  so  as  to  connect  its 
track  with  the  new  bridge  now  being  constructed  over  the  Ohio 
River  as  aforesaid,  and  to  substitute  electrical  for  animal  power 
in  the  operation  of  its  road  over  the  route  now  being  operated 
by  it  and  as  extended  under  the  provisions  of  this  ordinance  : 
Therefore , In  consideration  of  the  premises,  the  said  Newport 
and  Cincinnati  Street  Railway  Company  is  hereby  authorized 
to  extend  its  tracks,  commencing  at  a point  at  the  intersection 
of  Broadway  and  Pearl  Street,  where  its  present  track  is  now 
laid,  and  extending  thence  southwardly  along  Broadway  by 
double  tracks  for  about  the  distance  of  three  hundred  and 
thirty-nine  feet  to  the  south  side  of  Second  Street,  and  in  such 
manner  as  to  connect  said  tracks  with  the  street  railway  tracks 
to  be  laid  on  the  bridge  of  the  Central  Railway  and  Bridge 
Company,  constructed  over  the  Ohio  River  between  the  cities  of 
Newport  (Ky.)  and  Cincinnati  (O.)  as  aforesaid,  on  conditions : 


Ordinances  of  the  City  of  Cincinnati 


245 


First — That  said  company  shall  construct  said  tracks  under 
the  direction  of  and  to  the  satisfaction  of  the  Board  of  Public 
Improvements,  and  at  the  sole  expense  of  said  street  railway 
company,  and  shall  at  the  expense  of  said  company  relay  and 
repair,  to  the  satisfaction  of  the  Board  of  Public  Improvements, 
any  part  of  any  street  removed  in  the  laying  of  said  tracks. 

Second — That  there  shall  be  no  increase  of  rates  of  fare 
by  reason  of  the  extension  herein  granted,  and  the  grant 
thereof  shall  terminate  with  the  expiration  of  the  grant  for 
the  remainder  of  the  route  now  being  operated  by  said  rail- 
way company. 

Third — That  the  rails  used  in  the  construction  of  the  track 
herein  authorized  shall  be  of  the  same  kind  used  upon  the  re- 
mainder of  said  route. 

The  said  company  is  hereby  authorized  to  substitute  and 
operate  electrical  power  for  the  running  of  its  cars,  instead  of 
animal  power  as  now  used,  on  and  over  the  lines  now  being 
operated  by  it  on  the  streets  hereinbefore  set  out,  and  on  and 
over  the  extension  hereby  granted,  and  to  that  end  to  construct, 
maintain,  and  operate  along  and  over  said  streets  an  overhead 
electric  system  of  motive  power  for  the  moving  of  its  street 
cars,  and  to  open  the  sidewalks  near  the  curb-line  in  and  along 
said  streets  to  place  therein  the  necessary  supports  for  elec- 
trical wires  and  all  other  necessary  fixtures  and  appliances 
for  the  use  of  electrical  motive  power  along  and  over  said 
tracks,  and  to  run  and  operate  its  cars  along  and  over  said 
tracks  by  electric  motive  power.  That  the  time  of  the  grant 
to  the  Newport  and  Cincinnati  Street  Railway  Company  to 
construct,  own,  and  operate  street  railways  in  the  city  of 
Cincinnati  is  extended  for  a period  of  twenty-five  years  from 
and  after  the  passage  of  this  ordinance.  This  grant  is  made 
upon  the  following  conditions  : 

That  should  the  electric  system  herein  authorized  to  be 
constructed  be  hereafter  abandoned,  and  no  other  system  of 
rapid  transit  be  introduced  by  consent  of  the  municipal  authori- 
ties, said  company  shall  restore  animal  power  on  said  line,  and 


246 


Ordinances  of  the  City  of  Cincinnati 


in  such  event  the  extension  of  the  time  herein  granted  shall 
become  null  and  void.  All  work  herein  authorized  shall  be 
done  under  the  supervision  and  to  the  satisfaction  of  the  Board 
of  Public  Improvements,  and  the  plan  of  poles  and  wires  shall 
be  approved  by  said  board  before  the  work  of  construction 
begins.  That  the  rate  of  speed  of  any  car  over  said  tracks  or 
any  of  them  shall  not  exceed  ten  miles  an  hour.  That  all  the 
terms  and  conditions  of  the  ordinance  passed  February  25,  1881, 
entitled  “An  ordinance  to  provide  for  the  operation  and  govern- 
ment of  the  Newport  and  Cincinnati  Street  Railroad  Company 
and  the  Cincinnati  and  Newport  Street  Railroad  Company,” 
except  as  the  same  have  been  hereby  modified  and  changed, 
shall  remain  in  full  force  and  effect  and  become  part  hereof, 
and  shall  apply  to  the  extension  herein  provided  for  and  in 
accordance  with  the  provisions  of  general  ordinance  passed 
February  7,  1879.  No  car  shall  be  operated  over  said  route 
or  any  part  thereof  unless  it  have  both  a conductor  and  motor- 
man  in  charge  thereof. 

The  said  company  shall  execute  and  deliver  to  the  said 
Board  of  Public  Improvements  a bond  in  favor  of  the  city  of 
Cincinnati  in  a penal  sum  of  ten  thousand  dollars,  to  the  satis- 
faction of  the  Board  of  Public  Improvements,  conditioned  for 
the  faithful  observance  and  performance  of  all  and  singular 
the  provisions  of  this  ordinance. 

No.  36.  Passed  June  5,  1891. 

To  provide  for  the  extension  of  Route  No.  9 of  street  railways,  and 
also  for  the  construction  and  use  of  an  electric  system  of  motive 
power. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati : 

SEC.  1.  That  whereas  the  Cincinnati  Street  Railway  Com- 
pany, owning  and  operating  Route  No.  9 of  street  railways, 
desires  and  has  made  application  for  permission  to  extend  the 
tracks  of  said  railway,  and  has  produced  to  the  Board  of  City 
Affairs  and  to  the  Board  of  Legislation  the  written  consents  to 
the  extension  hereinbelow  authorized  of  the  owners  of  more 


Ordinances  of  the  City  of  Cincinnati 


247 


than  one  half  of  the  front  feet  of  the  lots  and  lands  abutting 
upon  the  portions  of  streets  along  which  it  is  proposed  to  con- 
struct tracks  in  making  such  extension,  and  also  for  permission 
to  operate  the  cars  of  said  Route  No.  9 along  and  over  its  tracks 
in  certain  other  streets  below  named,  so  as  to  furnish  direct 
and  continuous  communication  between  the  northerly  portion 
of  said  route  and  the  business  center  of  the  city : 

Now,  therefore,  the  tracks  of  said  Route  No.  9 are  hereby 
authorized  to  be  extended,  and  the  Cincinnati  Street  Railway 
Company,  owning  and  operating  said  street  railway,  is  hereby 
authorized  and  permitted  to  extend  said  tracks  as  follows : 
From  the  north  terminus  of  the  tracks  at  the  intersection  of 
McMicken  Avenue  (formerly  Browne  Street)  and  Cliff  Street 
northwardly  along  said  McMicken  Avenue  by  double  track  to 
Center  Street.  For  the  purpose  of  enabling  said  street  railway 
company  to  operate  the  cars  from  Route  No.  9 southwardly 
along  and  over  its  certain  tracks  in  the  streets  below  named, 
the  tracks  of  said  Route  No.  9 are  also  hereby  extended  and 
authorized  to  be  extended  along  said  streets  by  adoption  and 
use  by  said  company  of  its  said  tracks  in  said  streets  as  part 
of  said  Route  No.  9,  as  follows  : From  the  double  tracks  in 
McMicken  Avenue  at  its  intersection  with  Elm  Street  south- 
wardly along  and  over  the  tracks  of  said  company  in  Elm  Street 
to  Fifth  Street ; thence  eastwardly  along  and  over  the  south 
track  of  said  company  in  Fifth  Street  and  south  of  the  Esplanade 
to  Walnut  Street ; thence  southwardly  along  and  over  the  west 
continuous  track  of  said  company  in  Walnut  Street  to  Fourth 
Street;  thence  westwardly  along  and  over  the  north  track  of 
said  company  in  Fourth  Street  to  Elm  Street ; and  thence 
northwardly  along  and  over  the  track  of  said  company  in  Elm 
Street  to  a point  therein  north  of  Fifth  Street.  Said  company 
to  use  and  occupy  the  existing  proper  curves  situated  at  the 
various  intersections  of  streets,  and  where  necessary  construct 
new  curves  along  the  line  of  this  extension.  No  increase  of  the 
rates  of  fare  shall  be  made  by  reason  of  any  extension  herein 
authorized. 


248 


Ordinances  of  the  City  of  Cincinnati 


Sec.  2.  And  whereas  said  Cincinnati  Street  Railway  Com- 
pany is  willing  to  change  the  motive  power  now  in  use  on  the 
portion  of  Route  No.  9 west  of  Elm  Street,  and  to  adopt  the 
same  motive  power  on  said  extension,  and  owing  to  the  grades 
and  the  length  of  road  over  which  the  cars  must  be  operated 
and  the  need  of  convenient  and  rapid  transit  for  accommo- 
dating the  public  such  improved  motive  power  is  necessary  ; 
and  whereas  the  mode  of  construction  of  the  motive  power 
proposed  requires  great  cost  and  expense  on  the  part  of  said 
company  : 

Now,  therefore,  in  consideration  of  the  premises  and  of  the 
improved  facilities  hereby  contemplated,  and  the  large  expen- 
ditures necessary  to  furnish  the  same,  the  said  Cincinnati  Street 
Railway  Company  is  hereby  authorized  and  empowered  to 
construct  and  operate  along  the  tracks  now  existing  and 
authorized  to  be  placed  in  said  McMicken  Avenue,  between 
Center  and  Elm  streets,  and  along  its  tracks  in  the  streets 
above  mentioned  over  which  it  is  authorized  as  aforesaid  to 
operate  its  cars  southwardly  from  McMicken  Avenue,  an  elec- 
tric system  of  motive  power,  and  to  erect  and  construct  in  the 
sidewalks  near  the  curb-lines  of  the  streets  wherein  the  tracks 
now  are  and  are  hereby  authorized  to  be  laid  the  necessary 
supports  for  electric  wires,  and  to  construct  the  necessary 
fixtures  and  appliances  for  the  use  of  a complete  system  of 
motive  power  along  said  tracks  in  said  streets,  excepting, 
however,  along  the  portion  of  Elm,  Fifth,  and  Fourth  streets 
aforesaid  wherein  said  company  is  now  authorized  by  the 
ordinance  passed  on  the  25th  day  of  October,  1889,  to  extend 
Route  No.  5 and  construct  such  electric  system  of  motive 
power,  it  being  the  intention  hereof  that  said  company  shall 
on  said  portions  of  said  streets  use  the  electric  system  so 
authorized  for  the  purpose  of  this  ordinance. 

In  order  to  supply  the  electricity  required  for  the  operation 
of  the  electric  plant  authorized  by  this  ordinance,  said  com- 
pany is  hereby  permitted  to  place  and  maintain  all  necessary 
supports,  wires,  and  appliances  along  the  line  of  poles  already 


Ordinances  of  the  City  of  Cincinnati 


249 


authorized  between  its  power-house  on  Harrison  Avenue  and 
McMicken  Avenue.  After  so  constructing  and  putting  in 
operation  said  electric  system  of  motive  power,  said  company 
shall  have  the  privilege  of  charging  not  to  exceed  a uniform 
rate  of  five  cents  for  one  continuous  passage  of  each  person 
in  either  direction  over  any  portion  or  all  of  the  line  as  the 
same  is  hereby  extended  between  Center  Street  and  Fourth 
and  Walnut  streets,  excepting  in  every  instance  children  under 
ten  years  of  age,  who  shall  each  be  charged  three  cents,  or 
two  for  one  fare  of  five  cents,  and  infants  in  arms,  who  shall 
be  carried  free.  And  after  so  completing  the  electric  system 
of  motive  power  aforesaid,  said  company  shall  be  released 
from  any  obligation  to  sell  or  receive  package  tickets  for  the 
carriage  of  passengers  over  any  portion  of  said  Route  No.  9 
or  the  said  extensions  thereof ; and  the  term  of  the  grant  of 
this  extension  shall  expire  at  the  same  time  as  that  of  original 
Route  No.  9,  upon  the  following  conditions  : 

(1)  That  the  entire  work  authorized  hereby,  including  the 
reductions  of  the  crowns  of  the  streets  where  necessary,  shall 
be  done  by  said  company  at  its  sole  expense,  and  under  the 
direction  and  to  the  satisfaction  of  the  Board  of  Administration 
and  its  chief  engineer  ; that  the  extension  tracks  to  be  con- 
structed as  aforesaid  shall  be  placed  and  maintained  in  the 
central  portion  of  the  street  at  such  a distance  apart  as  to  allow 
for  the  safe  and  convenient  passage  of  cars  thereon,  the  same 
as  double  tracks  are  usually  constructed  ; that  the  rails  to  be 
used  in  the  construction  of  said  extension  tracks  shall  be  of 
the  pattern  known  as  the  “Johnson  side-bearing  rail”  or  the 
“girder  rail,”  of  weight  not  less  than  fifty-two  pounds  per 
yard  ; that  the  supports  of  such  electric  system  of  motive 
power  shall  be  of  metal,  and  of  the  best  and  most  improved 
pattern ; and  no  wires  shall  be  placed  above  and  across 
or  along  any  street  within  less  than  twenty  feet  of  the  sur- 
face thereof. 

(2)  That  the  work  herein  authorized  shall  be  completed 
and  the  road  in  operation  within  one  year  from  the  passage 


250 


Ordinances  of  the  City  of  Cincinnati 


hereof,  and  if  not  completed  and  in  operation  within  such 
time,  then  this  grant  shall  be  null  and  void  without  further 
action  of  the  city  authorities ; that  upon  the  completion  and 
operation  of  the  railway  hereby  extended  said  company  shall 
continue  as  heretofore  to  operate  its  tracks  on  McMicken 
Avenue  between  a point  therein  opposite  or  near  the  east 
line  of  its  incline  plane  property  and  Vine  Street,  and  furnish 
transfer  tickets  for  a continuous  ride  from  Fountain  Square 
over  Vine  Street  and  McMicken  Avenue  to  and  from  the 
terminus  of  the  route  on  Browne  Street  for  the  fare  herein 
authorized ; that  said  company  shall  pay  for  all  the  cars  run 
on  the  tracks  herein  described  car  license  at  the  rate  of  four 
dollars  per  lineal  foot  of  every  such  car,  inside  measurement, 
and  two  and  one  half  per  cent  of  the  gross  earnings  from 
every  source  of  such  company  from  the  railway  hereby  ex- 
tended, as  required  by  Section  2 of  an  ordinance  providing  for 
the  construction,  operation,  and  government  of  street  railroads, 
passed  February  7,  1879,  and  shall  be  subject  to  all  the  other 
provisions  of  said  ordinance  so  far  as  the  same  are  consistent 
with  the  provisions  of  this  ordinance.  And  said  company 
shall  execute  and  deliver  to  the  Board  of  Administration  a 
bond  in  favor  of  the  city  of  Cincinnati,  in  the  penal  sum  of 
twenty-five  thousand  dollars,  to  the  satisfaction  of  said  board, 
conditioned  for  the  faithful  performance  of  all  and  singular 
the  provisions  of  this  ordinance. 

(3)  That  between  the  hours  of  6 and  8 A.  M.  and  5 and 

7 P.  m.  the  said  company  shall  run  cars  over  this  extension, 
except  on  McMicken  Avenue  between  Elm  and  Vine,  at  inter- 
vals of  not  exceeding  six  minutes,  and  between  the  hours  of 

8 A.  M.  and  5 p.  m.  and  after  8 p.  m.  at  intervals  of  not  ex- 
ceeding ten  minutes  till  10  o’clock,  and  after  that  in  such 
numbers  as  will  make  adequate  provisions  for  the  patrons  of 
said  line. 


Ordinances  of  the  City  of  Cincinnati 


251 


No.  57.  Passed  July  31,  1891. 

Granting-  to  the  Cincinnati  and  Suburban  Electric  Street  Railway 
Company  the  rigrht  to  construct  and  operate  Route  No.  24  of 
street  passengrer  railroads. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati : 

SEC.  1.  That  the  Cincinnati  and  Suburban  Electric  Street 
Railway  Company  be  and  is  hereby  authorized,  and  the  grant 
is  hereby  made  to  .said  company,  to  construct  and  operate 
Route  No.  24  of  street  passenger  railroads,  as  established  by 
an  ordinance  entitled  “An  ordinance  to  establish  Route  No.  24 
of  street  passenger  railroads,”  passed  January  16,  1891. 

Sec.  2.  The  said  route  shall  commence  at  or  near  the  inter- 
section of  Hamilton  Avenue  with  the  north  corporation  line 
of  Cincinnati  ; thence  southwardly  on  Hamilton  Avenue  to 
Josephine  Street ; thence  over  the  present  tracks  of  the  Cin- 
cinnati Street  Railway  Company  on  Hamilton  Avenue  to  the 
intersection  of  said  avenue  with  Spring-Grove  Avenue  ; thence 
returning  over  the  same  route  to  the  place  of  beginning.  The 
number  of  tracks  over  the  entire  route  will  be  two,  with  the 
necessary  switches,  turntables,  turnouts,  and  sidetracks. 

SEC.  3.  The  motive  power  shall  either  be  electricity,  cable, 
or  such  other  approved  motive  power  as  may  come  into  general 
use.  The  right  to  operate  said  route  shall  be  for  the  period 
of  twenty-five  years  from  the  date  of  the  grant.  The  said  the 
Cincinnati  and  Suburban  Electric  Street  Railway  Company  is 
hereby  authorized  and  empowered  to  erect  in  the  sidewalks 
near  the  tracks  hereby  authorized  to  be  laid  the  necessary  sup- 
ports for  electric  wires,  and  construct  the  necessary  fixtures  and 
appliances  for  the  use  of  an  electric  system  of  motive  power 
along  said  tracks  in  said  street.  The  entire  work  authorized 
hereby,  including  the  reductions  of  the  crown  of  the  street 
where  necessary,  shall  be  done  at  the  sole  expense  of  said 
company,  under  the  direction  and  to  the  satisfaction  of  the 
Board  of  Administration  and  its  chief  engineer.  The  tracks 
where  constructed  as  ordinary  double  tracks  shall  be  placed 
and  maintained  in  the  central  portion  of  the  streets,  at  such 


252 


Ordinances  of  the  City  of  Cincinnati 


a distance  apart  as  to  allow  for  safe  and  convenient  passage 
of  cars  thereon.  The  rail  to  be  used  in  the  construction  of  said 
tracks  in  the  roadways  of  said  streets  shall  be  of  the  pattern 
known  as  the  “Johnson  side-bearing  rail”  or  the  “girder  rail,” 
of  weight  not  less  than  fifty -two  pounds  per  yard.  The  sup- 
ports of  said  electric  system  of  motive  power  shall  be  of  the 
best  and  most  approved  pattern,  and  no  wires  shall  be  placed 
across  or  over  any  street  within  less  than  twenty  feet  of  the 
surface  thereof. 

Sec.  4.  The  construction  of  the  line  on  the  route  shall  be 
commenced  within  ninety  days,  and  the  entire  route  shall  be 
completed  and  in  operation  within  twelve  months  from  the 
time  the  grant  is  awarded  or  this  ordinance  shall  be  void, 
unless  delayed  by  legal  proceedings  or  by  the  improvement 
of  Hamilton  Avenue  by  the  city. 

Sec.  5.  The  owner  shall,  as  a condition  precedent  to  the 
right  to  run  cars  as  herein  specified,  pay  into  the  treasury 
of  the  city  of  Cincinnati,  to  the  credit  of  the  General  Fund 
thereof,  in  advance,  on  the  first  day  of  each  and  every  year 
during  the  term  of  this  grant,  an  annual  license  fee  of  the 
sum  of  four  dollars  per  lineal  foot  of  every  such  car,  inside 
measurement,  that  may  be  operated  by  them  on  the  line,  and 
if  not  paid  within  ten  days  after  due  the  mayor  shall  have 
the  right  summarily  to  stop  the  running  of  the  cars,  and  in 
the  event  of  such  stoppage  no  liability  for  damage  shall  accrue. 
And  in  addition  thereto  the  said  owners,  under  the  same  con- 
dition and  subject  to  the  same  penalty,  shall  pay  into  the  city 
treasury  quarterly,  on  the  first  day  of  January,  April,  July,  and 
October  of  each  year,  two  and  one  half  per  cent  of  the  entire 
gross  earnings  from  every  source  of  such  company  during  the 
preceding  quarter,  including  the  entire  gross  earnings  on  its 
whole  line  and  its  connecting  line  to  College  Hill,  and  all 
other  connecting  lines  and  extensions.  And  such  owners  shall 
accept  under  all  provisions  of  the  general  ordinance  providing 
for  the  construction  and  operation  of  street  railroads,  passed 
February  7,  1879,  except  as  herein  otherwise  expressly  pro- 


Ordinances  of  the  City  of  Cincinnati 


253 


vided.  The  Board  of  Legislation  shall  at  any  future  time 
have  the  power,  when  the  public  good  demands,  to  grant  a 
second  or  third  company,  corporation,  or  individual  the  right 
to  occupy  any  track  already  laid  down  upon  Hamilton  Avenue, 
between  the  corporation  line  and  Spring-Grove  Avenue,  pro- 
vided the  expense  of  laying  and  keeping  in  repair  the  said 
track,  so  far  as  used  by  different  companies  or  individuals, 
shall  be  equally  borne  by  all  such  companies,  firms,  or  indi- 
viduals that  use  the  said  tracks. 

Sec.  6.  The  rates  of  fare  shall  be  those  proposed  by  the 
said  the  Cincinnati  and  Suburban  Electric  Street  Railway  Com- 
pany, the  said  company  having  obtained  and  filed  the  written 
consents  of  a majority  of  the  property-holders  upon  the  street 
and  part  thereof  represented  by  the  feet  front  along  so  much 
of  said  route  as  has  been  heretofore  unoccupied  by  a street 
railway  to  the  construction  and  operation  thereof,  and  such  rates 
of  fare  being  the  lowest  proposed  as  aforesaid,  to-wit : Single 
cash  fare  five  cents  ; children  under  six  years  of  age  free  ; 
packages  of  forty  tickets  one  dollar;  packages  of  twenty  tickets 
fifty  cents  ; packages  of  ten  tickets  twenty-five  cents. 

No.  140.  Passed  November  20,  1891. 

To  require  the  Mt.  Adams  and  Eden-Park  Inclined  Plane  Railway 
Company  to  place  watchmen  on  the  line  of  its  cable  at  the  corners 
of  Court  and  Broadway,  Sixth  and  Broadway,  Sixth  and  Walnut, 
Fifth  and  Walnut,  and  Fifth  and  Broadway. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati : 

That  the  Mt.  Adams  and  Eden-Park  Inclined  Plane  Railway 
Company  be  and  it  is  hereby  required  to  place  watchmen  on 
the  lines  of  the  cable  railway  at  the  intersections  of  Court  and 
Broadway,  Sixth  and  Broadway,  Sixth  and  Walnut,  Fifth  and 
Walnut,  and  Fifth  and  Broadway,  during  all  hours  of  the  day 
and  night  when  the  said  cable  railway  is  running  ; and  upon 
its  failure  to  have  and  keep  a watchman  at  any  one  of  said 
corners  the  said  railway  company  shall  be  fined  in  the  Police 
Court  of  said  city  in  any  sum  not  exceeding  fifty  dollars  for 


254 


Ordinances  of  the  Citv  of  Cincinnati 


each  and  every  day  when  said  cable  road  is  in  operation  with- 
out a watchman  at  any  one  of  said  corners. 

No.  154.  Passed  January  8,  1892. 

To  require  the  Cincinnati  Street  Railway  Company  to  place  watchmen 
on  the  line  of  its  road  at  the  corners  of  Elder  and  Elm  streets  and 
Elder  and  Vine  streets. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati  : 

Sec.  1.  That  the  Cincinnati  Street  Railway  Company  be 
and  it  is  hereby  required  to  place  watchmen  on  the  line  of  its 
road  at  the  intersections  of  Elder  and  Elm  streets  and  Elder 
and  Vine  streets  during  all  hours  of  the  day  and  night  when 
the  said  road  is  running ; and  upon  its  failure  to  have  and  keep 
a watchman  at  any  one  of  said  corners  the  president  of  said 
railway  company  shall  be  fined  in  any  sum  not  exceeding  fifty 
dollars  for  each  and  every  day  when  said  road  is  in  operation 
without  a watchman  at  any  of  said  corners. 

No.  162.  Passed  January  22,  1892. 

Providing-  for  the  operation  of  street  railroads  at  certain  intersecting: 
streets,  and  making:  it  a misdemeanor  for  any  conductor,  driver, 
g-ripman,  or  motorman  to  cross  or  turn  certain  intersections  unless 
first  sig-naled  by  a watchman  stationed  there  for  the  purpose. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati : 

Sec.  1.  That  it  shall  be  and  it  is  hereby  made  the  duty 
of  any  street  railroad  company  crossing  the  steam  railroad  at 
Rookwood-station  intersection  and  at  Delta-station  intersection, 
crossing  or  turning  the  intersection  of  Sixth  and  Walnut  streets, 
Fifth  and  Walnut  streets,  Fifth  Street  and  Broadway,  Sixth 
Street  and  Broadway,  and  Court  Street  and  Broadway,  or  any 
of  said  corners,  to  have  stationed  at  each  of  such  corners  or 
intersections  so  used  by  them  a watchman,  who  shall  signal  to 
each  car  as  it  approaches  any  of  said  intersections  or  corners 
whether  to  proceed  to  cross  or  not ; and  no  car  shall  cross  or 
turn  said  corners  or  intersections,  or  any  one  of  them,  without 
first  being  signaled  so  to  do  by  such  watchman  so  located  at 
such  corner  or  intersection. 


Ordinances  of  the  City  of  Cincinnati 


255 


SEC.  2.  That  any  conductor,  driver,  gripman,  or  motorman 
operating  or  running  any  street  railroad  car  who  runs  any  such 
car  across  or  around  any  of  the  said  corners  or  intersections 
without  there  being  a watchman  located  at  such  corner  or 
intersection,  and  without  such  watchman  first  signaling  him 
so  to  do,  shall  be  deemed  guilty  of  a misdemeanor,  and  be 
subject  to  a fine  not  exceeding  fifty  dollars  for  each  and  every 
such  offense. 

No.  212.  Passed  March  4,  1892. 

Requiring-  safety  g-uards  to  be  attached  to  all  street  railroad  cars 
operated  by  electricity  or  cable  motive  power. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati: 

SEC.  1.  That  it  shall  be  unlawful  to  operate  any  car  upon 
any  of  the  street  railroad  tracks  of  this  city  by  electricity  or 
cable  power  unless  such  cars  shall  have  attached  in  front  and 
on  both  sides  of  each  and  every  car,  whether  operated  singly 
or  in  trains,  some  approved  safety  guard  device,  designed  to 
prevent  persons  from  being  run  over  by  the  wheels  of  the  car. 
Any  conductor,  driver,  or  motorman  operating  any  such  car 
without  such  safety  guard  attached  thereto  shall  be  fined  in  a 
sum  not  exceeding  fifty  dollars  or  be  imprisoned  not  more 
than  thirty  days,  or  both.  Each  day  that  any  car  is  so  operated 
contrary  to  the  provisions  of  this  ordinance  shall  be  deemed 
and  held  to  be  a separate  offense. 

NO.  221.  Passed  March  11,  1892. 

Making  it  unlawful  for  minors  to  get  on  or  off  of  locomotives  or 
steam  or  street  railroad  cars  while  in  motion. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati: 

SEC.  1.  It  shall  be  unlawful  for  any  minor  under  the  age 
of  fourteen  to  climb  upon,  jump  on  or  off,  or  in  any  way  attach 
himself  to  any  locomotive  engine,  steam  or  street  railroad  car 
while  in  motion. 

SEC.  2.  Any  conductor,  engineer,  or  other  person  in  charge 
of  a locomotive,  steam  or  street  railroad  car,  who  knowingly 


256 


Ordinances  of  the  City  of  Cincinnati 


suffers  or  permits  such  minor  to  climb  upon,  jump  on  or  off, 
or  attach  himself  to  any  such  locomotive,  steam  or  street  rail- 
road car  while  in  motion,  shall  be  fined  not  less  than  five 
dollars  nor  more  than  twenty-five  dollars. 

SEC.  3.  Any  such  minor  violating  the  provisions  of  the  first 
section  of  this  ordinance  shall  be  guilty  of  a misdemeanor, 
and  upon  conviction  thereof  be  fined  in  a sum  not  more  than 
twenty-five  dollars. 

No.  312.  Passed  July  15,  1892. 

Granting-  to  Simeon  M.  Johnson  the  rig-ht  to  construct  and  operate 
Route  No.  23  of  street  passeng-er  railroads. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati: 

Sec.  1.  That  Simeon  M.  Johnson  and  assigns  be  and  hereby 
are  authorized,  and  the  grant  is  hereby  made  to  him  and  assigns, 
to  construct  and  operate  Route  No.  23  of  street  passenger  rail- 
roads as  established  by  an  ordinance  entitled  “An  ordinance, 
No.  50,  to  establish  Route  No.  23  of  street  passenger  railroads,” 
passed  September  5,  1890. 

Sec.  2.  The  said  route  shall  commence  at  the  junction  of 
Central  Avenue  with  Colerain  Avenue ; thence  by  double  track 
northwardly  over  the  approach  provided  for  the  bridge  which 
crosses  the  Miami  and  Erie  Canal  to  said  bridge ; thence  by 
double  track  over  said  bridge  and  over  the  approach  provided 
therefor  in  lots  207,  208,  and  209  in  Col.  John  Riddle’s  estate 
to  Browne  Street ; thence  by  curved  tracks  crossing  Browne 
Street  to  the  east  side  thereof ; thence  east  over  private 
property  to  the  south  end  of  Fairview  Avenue;  thence  by 
double  track  on  Fairview  Avenue  from  the  south  end  thereof 
to  Straight  Street ; thence  by  double  track  east  on  Straight 
Street  to  Clifton  Avenue,  the  south  track  continuing  easterly 
across  Clifton  Avenue,  making  a curve  so  as  to  extend  in  the 
sidewalk  northerly  as  near  the  curb-line  as  practicable  for  safety 
in  operating  the  cars  while  passing  the  telegraph  and  telephone 
poles  and  lamp-posts  now  located  in  said  sidewalk,  to  the  north 
corporation  line  of  the  city  of  Cincinnati ; and  the  north  track 


Ordinances  of  the  City  of  Cincinnati 


257 


in  Straight  Street  shall  curve  north  on  the  west  sidewalk  of 
Clifton  Avenue  so  as  to  extend  as  near  the  curb-line  as  practi- 
cable for  safety  in  operating  the  cars  while  passing  the  telegraph 
and  telephone  poles  and  lamp -posts  now  located  in  said  side- 
walk to  the  north  corporation  line  of  the  city  of  Cincinnati. 
The  right  is  granted  to  cross  over  Clifton  Avenue  with  the 
tracks  at  the  north  corporation  line.  The  number  of  tracks 
on  each  street  shall  be  two,  except  where  single  tracks  are 
specified  in  the  sidewalk  of  Clifton  Avenue. 

SEC.  3.  The  motive  power  shall  be  either  electricity  or 
such  other  approved  motive  power  as  may  come  into  general 
use,  except  on  that  portion  of  the  line  on  private  property  on 
which  an  inclined  plane  shall  be  built  and  operated.  The 
right  to  operate  said  route  shall  be  for  the  period  of  twenty- 
five  years  from  the  date  of  the  grant.  The  said  Simeon  M. 
Johnson  is  hereby  authorized  and  empowered  to  erect  in 
the  sidewalk  near  the  tracks  hereby  authorized  to  be  laid 
the  necessary  supports  for  electric  wires,  and  construct  the 
necessary  fixtures  and  appliances  for  the  use  of  an  electric 
system  of  motive  power  along  said  tracks  in  said  streets. 
The  entire  work  authorized  hereby,  including  the  reduction 
of  the  crowns  of  the  streets  where  necessary,  shall  be  done  * 
at  the  sole  expense  of  Simeon  M.  Johnson,  under  the  direction 
and  to  the  satisfaction  of  the  Board  of  Administration  and  its 
chief  engineer.  The  tracks  where  constructed  as  ordinary 
double  tracks  shall  be  placed  and  maintained  in  the  central 
portion  of  the  streets  at  such  a distance  apart  as  to  allow  for 
the  safe  and  convenient  passage  of  cars  thereon.  The  rail 
to  be  used  in  the  construction  of  said  tracks  in  the  roadways 
of  said  streets  shall  be  of  the  pattern  known  as  the  best 
“girder  rail,”  subject  to  the  approval  of  the  Board  of  Admin- 
istration, of  weight  not  less  than  seventy  pounds  per  yard. 
The  supports  of  said  electric  system  of  motive  power  shall 
be  of  the  best  and  most  approved  pattern,  and  no  wires  shall 
be  placed  across  or  over  any  street  within  less  than  twenty 
feet  of  the  surface  thereof. 


258 


Ordinances  of  the  City  of  Cincinnati 


Sec.  4.  The  construction  of  the  line  on  the  route  shall  be 
commenced  within  ninety  days,  and  the  entire  route  shall  be 
completed  and  in  operation  within  twelve  months  from  the 
time  the  grant  is  awarded  or  this  ordinance  shall  be  void. 
And  the  grantee  hereby  consents  to  the  reservation  by  the 
city  of  Cincinnati  of  the  right  to  grant  to  any  other  person  or 
persons,  company  or  companies,  hereafter  the  right  to  occupy 
and  use  any  portion  or  all  of  the  tracks,  poles,  wires,  and  all 
necessary  appliances  which  are  herein  authorized  to  be  placed 
in  Clifton  Avenue,  between  Straight  Street  and  the  north  cor- 
poration line,  and  on  condition  that  such  persons,  company,  or 
companies  shall  use  electric  or  other  approved  motive  power 
for  rapid  transit,  and  first  pay  or  tender  an  equal  proportion 
of  the  cost  of  constructing  such  tracks,  poles,  wires,  and 
necessary  appliances,  and  furnish  a proper  obligation  to  pay 
an  equal  proportion  of  the  cost  of  maintaining  such  tracks, 
poles,  wires,  and  necessary  appliances  to  the  person  or  persons, 
company  or  companies,  heretofore  occupying  said  tracks ; and 
in  the  event  of  the  failure  of  the  legal  representatives  of  said 
various  persons  or  companies  using  said  road,  and  the  other 
person  or  company  obtaining  the  right  to  use  such  road,  to 
agree  upon  the  amount  to  be  paid  under  the  provisions  of  this 
section,  the  Board  of  Administration  shall  appoint  an  arbitrator 
to  determine  the  same,  whose  decision,  with  the  approval  of 
said  board,  shall  be  final  ; and  all  expense  of  said  arbitration 
shall  be  paid  by  the  contracting  parties;  provided,  however, 
that  any  grant  of  a second  or  further  company  to  use  such 
tracks  shall  be  on  condition  that  the  cars  run  in  the  same 
direction  as  those  of  the  grantee  herein  are  or  shall  be  run. 
Said  Simeon  M.  Johnson  and  assigns  shall  erect  and  maintain 
suitable  fences  for  the  protection  of  pedestrian  travel  along  the 
line  of  said  street  railroad  tracks  on  Clifton  Avenue  whenever 
ordered  to  do  so  by  the  Board  of  Administration  ; the  erection 
of  such  fences  to  be  under  direction  and  to  the  satisfaction 
of  said  board  and  its  engineer. 

Sec.  5.  The  owner  shall  pay  into  the  city  treasury  at  the 


Ordinances  of  the  City  of  Cincinnati 


259 


time  of  the  commencement  of  the  operation  of  the  road,  and 
annually  thereafter  on  the  first  day  of  January,  in  advance,  for 
and  upon  each  car  run  by  him  the  sum  of  four  dollars  per  lineal 
foot  of  every  such  car,  inside  measurement ; and  in  addition 
thereto  the  owner  shall  pay  into  the  city  treasury  quarterly,  on 
the  first  day  of  January,  April,  July,  and  October  of  each  year, 
two  and  a half  per  cent  of  the  gross  earnings  from  every  source 
of  such  company  during  the  preceding  quarter.  All  of  such 
payments  shall  be  made  in  the  manner  and  under  the  condi- 
tions and  subject  to  the  penalties  prescribed  in  Section  11  of  an 
ordinance,  No.  2954,  providing  for  the  construction,  operation, 
and  government  of  street  railroads,  passed  February  7,  1879  ; 
and  the  owner  shall  accept  under  all  the  provisions  of  said 
ordinance  No.  2954  and  all  the  amendments  thereof,  except 
as  herein  otherwise  expressly  provided. 

SEC.  6.  The  rates  of  fare,  including  passage  over  the  in- 
clined plane,  shall  be  those  proposed  by  the  said  Simeon  M. 
Johnson,  there  having  been  obtained  and  filed  the  written 
consents  of  a majority  of  the  property-holders  upon  each  street 
and  part  thereof,  represented  by  the  feet  front  along  said 
route,  to  the  construction  and  operation  thereof,  except  as  to 
Warner  Street,  upon  which  the  written  consents  have  not  been 
filed,  but  private  property  has  been  substituted  therefor;  and 
such  rates  of  fare  being  the  lowest  proposed  as  aforesaid, 
to-wit : Single  cash  fare  for  adults  five  cents ; single  cash  fare 
for  children  under  ten  years  of  age  three  cents ; commutation 
tickets  in  packages  of  thirty  for  one  dollar;  commutation 
tickets  in  packages  of  fifteen  for  fifty  cents ; commutation 
tickets  in  packages  of  seven  for  twenty-five  cents.  And  said 
Simeon  M.  Johnson,  for  himself  and  assigns,  has  agreed  and 
does  agree  to  carry  all  passengers  who  pay  a cash  fare  of  five 
cents  the  entire  distance  between  Clifton  and  Fountain  Square 
either  way  over  said  Route  No.  23,  by  the  way  of  either  routes 
No.  1,  No.  2,  or  No.  18  of  street  passenger  railways  of  the  city 
of  Cincinnati,  and  this  condition  is  made  and  accepted  as  an 
essential  obligation  to  this  grant. 


260 


Ordinances  of  the  City  of  Cincinnati 


Passed  August  26,  1892,  and  approved  over  Mayor’s 
otJKJ.  disapproval  September  30,  1892. 

To  provide  for  the  extension  of  Route  No.  2 of  street  passenger  rail- 
roads, and  also  for  the  construction  and  use  of  an  electric  system 
of  motive  power  along  said  route  as  extended. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati : 

SEC.  1.  That  whereas  the  Cincinnati  Street  Railway  Com- 
pany, owning  and  operating  Route  No.  2 of  street  passenger 
railways,  desires  and  has  made  application  for  permission  to 
extend  the  tracks  of  said  railway,  and  has  produced  to  the 
Board  of  Legislation  the  written  consents  to  the  extension 
herein  below  authorized  of  the  owners  of  more  than  one  half 
of  the  front  feet  of  lots  and  lands  abutting  upon  the  portions 
of  streets  along  which  it  is  proposed  to  construct  tracks  in 
making  such  extension  : 

Now,  therefore,  the  tracks  of  said  Route  No.  2 are  hereby 
authorized  to  be  extended,  and  said  Cincinnati  Street  Railway 
Company  is  hereby  empowered  and  permitted  to  extend  said 
tracks,  as  follows  : From  the  east  end  of  the  Liberty-street 
Viaduct  west  along  Liberty  Street  by  double  track  to  State 
Avenue  ; thence  north  along  State  Avenue  by  double  track  to 
Harrison  Avenue ; thence  northwest  along  Harrison  Avenue, 
occupying  the  present  double  track  therein  of  said  company, 
to  Beekman  Street ; thence  north  along  Beekman  Street  by 
double  track  to  Queen-City  Avenue,  with  the  right  to  construct 
a temporary  suitable  trestle  along  said  portion  of  Beekman 
Street  for  the  operation  of  cars  only,  not  vehicles,  until  such 
time  as  the  fill  for  that  portion  of  said  street  shall  be  made, 
but  said  company  shall  construct  and  maintain  a suitable 
footwalk  along  one  or  both  sides  of  said  trestle,  and  shall  be 
liable  for  all  damages  for  which  the  city  would  otherwise  be 
responsible  for  the  construction  and  maintenance  of  said 
trestle,  and  shall  hold  the  city  harmless  against  such  damages ; 
thence  continuing  north  along  Beekman  Street  by  double  track 
to  Western  Avenue ; thence  northwest  along  Western  Avenue, 
occupying  the  present  double  track  of  said  company,  to  Balti- 
more Pike ; and  thence  west  along  Baltimore  Pike  by  double 


Ordinances  of  the  City  of  Cincinnati 


261 


track  to  the  cemetery;  with  the  privilege  of  constructing 
suitable  curves  at  all  angles  in  said  proposed  extension  so  as 
to  make  a continuous  double  track  along  the  streets  above 
mentioned  from  the  point  of  beginning  to  said  cemetery, 
and  also  a turntable  or  a crossover  at  the  north  end  of  said 
double  track.  In  operating  said  extension  tracks  the  cars 
running  westwardly  and  northwardly  from  the  point  of  be- 
ginning shall  be  conducted  along  the  east  and  south  tracks, 
and  in  returning  they  shall  be  conducted  along  the  opposite 
tracks.  No  increase  of  rates  of  fare  shall  be  made  by  reason 
of  the  extension  herein  authorized.  The  term  of  the  grant 
of  said  extension  shall  be  for  a period  of  twenty-five  years, 
and  said  extension  shall  be  constructed  and  completed  within 
six  months  from  and  after  the  date  of  the  passage  of  this 
ordinance. 

SEC.  2.  Whereas  said  Cincinnati  Street  Railway  Company 
desires  to  change  the  motive  power  now  in  use  on  the  con- 
structed portion  of  said  Route  No.  2,  and  also  to  adopt  the 
same  motive  power  for  said  extension,  the  Cincinnati  Street 
Railway  Company  is  hereby  authorized  and  empowered  to 
construct  and  operate  along  the  present  tracks  of  said  route, 
and  also  along  those  hereby  authorized  as  an  extension  of 
the  existing  tracks,  an  electric  system  of  motive  power,  and 
to  erect  and  construct  in  the  sidewalks  near  the  curb  - lines 
of  the  streets  wherein  the  tracks  now  are  and  are  hereby 
authorized  to  be  laid  the  necessary  supports  for  electric  wires, 
and  string  and  maintain  the  necessary  wires,  and  construct 
the  necessary  fixtures  and  appliances,  for  the  use  of  a com- 
plete system  of  electric  motive  power  along  said  proposed 
tracks  in  the  streets  aforesaid. 

In  order  to  supply  the  electricity  required  for  the  operation 
of  the  electric  plant  authorized  by  this  ordinance,  said  company 
is  hereby  permitted  to  erect  and  maintain  all  necessary  supports, 
wires,  and  appliances  along  the  streets  which  will  form  the 
most  direct  and  convenient  line  between  the  place  where  its 
power  station  shall  be  placed,  or  where  it  already  has  a power 


262 


Ordinances  of  the  City  of  Cincinnati 


station,  and  the  line  of  electric  wires  so  authorized  to  be  con- 
structed and  used. 

After  so  constructing  and  putting  in  operation  said  system 
of  motive  power,  said  company  shall  have  the  privilege  of 
charging  not  to  exceed  a uniform  rate  of  five  cents  for  one 
continuous  passage  for  one  passenger  in  either  direction  over 
any  portion  or  all  of  the  line  or  route  as  the  same  is  hereby 
extended,  except  that  children  under  ten  years  of  age  shall 
be  charged  not  exceeding  three  cents  each,  or  not  exceeding 
five  cents  for  two  of  them  (infants  in  arms  free);  and  after 
so  completing  and  putting  in  operation  the  electric  system 
of  motive  power  aforesaid,  said  company  shall  be  released 
from  any  obligation  to  sell  or  receive  package  tickets  for  the 
carriage  of  passengers  over  any  portion  of  said  Route  No.  2 
or  the  extension  thereof ; and  the  term  of  the  grant  of  said 
Route  No.  2 shall  be  and  the  same  is  hereby  extended  for  a 
period  of  twenty -five  years  from  and  after  the  date  of  the 
passage  of  this  ordinance,  on  the  following  additional  con- 
ditions : 

(1)  That  the  entire  work  hereby  authorized,  including 
the  reduction  of  the  crowns  of  streets  where  necessary,  shall 
be  done  by  said  company  at  its  sole  expense,  and  under  the 
direction  and  to  the  satisfaction  of  the  Board  of  Adminis- 
tration and  its  chief  engineer.  That  the  extension  tracks  so 
authorized  shall  be  placed  and  maintained  in  the  central  por- 
tion of  the  streets  at  such  a distance  apart  as  to  allow  for 
the  safe  and  convenient  passage  of  cars  thereon,  the  same  as 
double  tracks  are  usually  constructed.  The  rails  used  in  the 
construction  of  said  extension,  together  with  those  which  shall 
be  used  for  the  original  route,  after  constructing  said  electric 
plant,  shall  be  of  the  pattern  known  as  the  “Johnson  side- 
bearing rail”  or  the  “girder  rail,”  of  weight  not  less  than 
fifty-two  pounds  per  yard  on  said  original  route,  and  not  less 
than  ninety-eight  pounds  per  yard  on  said  extension.  That 
the  supports  of  such  electric  system  of  motive  power  shall  be 
metal,  and  of  the  best  and  most  improved  pattern,  and  no 


Ordinances  of  the  City  of  Cincinnati 


263 


wires  shall  be  placed  above  and  across  any  street  within  less 
than  twenty  feet  of  the  surface  thereof. 

(2)  That  the  electric  plant  herein  authorized  shall  be 
completed  within  one  year  from  the  passage  hereof.  The  said 
company  shall  pay  for  the  cars  run  on  the  tracks  herein  men- 
tioned and  authorized  car  license  at  the  rate  of  four  dollars  per 
lineal  foot,  inside  measurement,  and  shall  also  pay  two  and 
one  half  per  cent  of  the  gross  earnings  from  said  railway  route 
as  hereby  extended,  according  to  the  requirements  of  Section  11 
of  the  ordinance  providing  for  the  construction,  operation,  and 
government  of  street  railroads,  passed  February  7,  1879  ; and 
said  company  shall  be  subject  to  all  the  other  provisions  of  said 
ordinance  so  far  as  consistent  herewith.  During  the  summer 
months  the  said  company  shall  run  a sufficient  number  of  open 
or  summer  cars  over  the  original  route  and  the  extensions  of 
the  same  to  meet  the  public  convenience  and  accommodate 
those  persons  wishing  to  ride  upon  such  cars.  And  provided 
further  that  cars  shall  run  over  said  original  route  and  the 
extensions  of  the  same  every  five  minutes  each  way  from 
6 o*’clock  a.  m.  until  9 o’clock  A.  m.,  and  from  4 o’clock  p.  m. 
until  8 o’clock  p.  m.,  and  a sufficient  number  and  as  frequently 
as  the  public  convenience  may  demand  at  all  hours ; and  that 
all  cars  shall  be  constructed  of  the  latest  and  most  improved 
pattern  and  finish,  and  shall  be  entirely  new  and  fully  equal  to 
the  new  Avondale  cars. 

( 3 ) That  the  Board  of  Legislation  of  the  city  of  Cincinnati 
may  grant  the  right  to  any  other  person,  company,  or  corpora- 
tion to  run  over  so  much  of  said  Route  No.  2,  commencing  at 
the  corner  of  Liberty  Street  and  Freeman  Avenue ; thence  west 
on  Liberty  Street  to  over  and  along  the  viaduct  to  State  Avenue; 
thence  north  on  State  Avenue  to  Harrison  Avenue  ; thence 
northerly  and  westerly  on  Harrison  Avenue  to  Beekman  Street ; 
thence  northwardly  on  Beekman  Street  to  the  center  line  of 
Waverly  Avenue  — the  portion  of  said  route  so  named  being 
hereby  added  to  what  is  known  as  “free  territory.”  And  all 
said  company’s  poles,  wires,  and  trolleys,  and  the  electric 


264 


Ordinances  of  the  City  of  Cincinnati 


power  and  current  therein  along  and  over  the  said  tracks,  from 
said  corner  of  Liberty  Street  and  Freeman  Avenue  along  Liberty 
Street  westerly  and  northerly  to  Waverly  Avenue,  are  and  shall 
be  subject  to  the  reserved  right  of  the  city  of  Cincinnati,  by  its 
Board  of  Administration,  to  fix  the  price,  terms,  and  conditions 
upon  which  the  said  tracks,  poles,  wires,  trolleys,  and  electric 
power  or  current  of  said  company  or  other  owner  thereof,  or 
any  part  or  parts  thereof,  may  be  run  over,  operated,  and  used 
by  any  other  person,  company,  or  corporation  to  whom  may 
lawfully  be  granted  the  permission  to  operate  street  cars  along 
said  distance  and  streets  herein  above  designated,  in  case  any 
such  grantee  of  permission  and  said  company  or  other  owner 
are  unable  to  agree  upon  such  price,  terms,  and  conditions. 
The  city  also  hereby  expressly  reserves  to  itself  the  right  to 
grant  to  any  other  person,  company,  or  corporation  the  right 
to  support  a separate  system  of  electric  motive  power  for  the 
operation  of  cars  upon  said  poles  and  wires  in  this  ordinance 
authorized,  at  such  price  and  upon  such  terms  and  conditions 
as  the  city  by  the  Board  of  Administration  shall  fix,  if  the 
parties  fail  to  agree,  and  to  permit  any  other  person,  company, 
or  corporation  the  privilege  to  construct  tracks,  erect  and  main- 
tain along  said  distance  its  own  separate  system  of  poles,  wires, 
trolleys,  and  electric  motive  power. 

(4  ) Said  company  shall  also,  on  demand  on  the  car,  transfer 
its  passengers  who  have  paid  fare  at  the  cash  rate  to  and  upon 
any  and  all  other  route  or  routes  owned  or  operated  by  it, 
good  going  for  one  continuous  passage  in  the  direction  of  the 
car  from  which  the  transfer  is  taken  and  away  from  the 
starting-point. 

( 5 ) Said  company  shall  execute  aud  deliver  to  the  Board 
of  Administration  a bond  in  favor  of  the  city  of  Cincinnati  in 
the  penal  sum  of  twenty-five  thousand  dollars,  to  the  satisfaction 
of  said  board,  conditioned  for  its  faithful  performance  of  all 
and  singular  the  provisions  of  this  ordinance. 


Ordinances  of  the  City  of  Cincinnati 


265 


TvTr*  Q^A  Passed  September  16,  1892.  and  approved  over  Mayor’s 
±\MJ.  o<v.  disapproval  October  14,  1892. 

To  repeal  an  ordinance  passed  October  25,  1889,  entitled  “An  ordi- 
nance to  provide  for  the  extension  of  Route  No.  7 of  street  pas- 
senger railroads,  and  for  the  construction  of  an  electric  system 
of  motive  power  along  said  Route  No.  7 and  upon  a portion  of 
Route  No.  5,  and  to  fix  rates  of  speed  on  certain  routes  ” ; and 
to  forfeit  the  franchises  and  rights  of  the  Cincinnati  Street  Rail- 
way Company  under  and  by  virtue  of  said  ordinance. 

Whereas , The  Cincinnati  Street  Railway  Company  owns 
and  is  operating  an  electric  system  of  street  passenger  railways 
under  and  by  virtue  of  an  ordinance  passed  October  25,  1889, 
entitled  “An  ordinance  to  provide  for  the  extension  of  Route 
No.  7 of  street  passenger  railroads,  and  for  the  construction 
of  an  electric  system  of  motive  power  along  said  Route  No.  7 
and  upon  a portion  of  Route  No.  5,  and  to  fix  rates  of  speed  on 
certain  routes,”  and  is  obligated  thereby  to  carry  passengers  and 
to  run  and  operate  its  cars  from  Carrel  Street  in  Columbia  to 
the  intersection  of  Elm  Street  and  McMicken  Avenue;  and 
Whereas , Said  company  is  not  now  operating  said  route 
between  said  termini,  but  is  turning  off  its  cars  at  an  interme- 
diate point  without  any  right  or  authority  so  to  do  : Therefore 
be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati : 

SEC.  1.  That  said  ordinance,  passed  October  25,  1889,  en- 
titled “An  ordinance,  No.  4286,  to  provide  for  the  extension 
of  Route  No.  7 of  street  passenger  railroads,  and  for  the  con- 
struction of  an  electric  system  of  motive  power  along  said  Route 
No.  7 and  upon  a portion  of  Route  No.  5,  and  to  fix  rates  of 
speed  upon  certain  routes,”  be  and  the  same  is  hereby  repealed; 
and  all  rights,  privileges,  and  franchises  granted  to  the  Cin- 
cinnati Street  Railway  Company  under  and  by  virtue  of  said 
ordinance  be  and  the  same  are  hereby  forfeited  and  held  for 
naught. 

SEC.  2.  The  corporation  counsel  is  hereby  directed  to  insti- 
tute the  necessary  legal  proceedings  to  enforce  the  provisions 
of  this  ordinance. 


266 


Ordinances  of  the  City  of  Cincinnati 


No.  418.  Passed  December  20,  1892. 

To  establish  a street  railroad  route,  No.  25,  partly  within  and  partly 
without  the  City  of  Cincinnati,  designating  the  termini  of  said 
route  within  and  without  said  city  ; the  streets,  parts  of  streets, 
public  grounds  and  viaducts,  private  grounds,  public  roads  and 
alternative  with  public  roads,  private  grounds,  both  within  and 
without  said  city,  along  which  said  route  shall  pass  ; where  tracks 
shall  or  may  be  constructed,  and  where  said  route  shall  be  oper- 
ated upon  tracks  already  constructed  in  portions  of  said  route  ; 
and  prescribing  the  character  of  construction  to  be  made,  and 
the  terms  and  conditions  upon  which  said  route  shall  be  operated, 
and  to  repeal  Ordinance  No.  395,  passed  November  18,  1892. 

Be  it  ordained  by  the  Board  of  Legislation  of.  Cincinnati : 

SEC.  1.  That  a street  passenger  railroad  route,  No.  25,  is 
established  as  follows  : Beginning  at  the  corner  of  Walnut 
and  Fourth  streets  ; thence  by  a curve  of  the  westerly  track  in 
Walnut  Street  westerly  into  the  northerly  track  in  Fourth 
Street ; thence  along  said  northerly  track  westerly  to  and  by  a 
curve  to  the  northerly  into  the  easterly  track  in  Vine  Street ; 
thence  by  said  easterly  track  in  Vine  Street  northerly  to  Court 
Street ; thence  by  a curve,  to  be  constructed,  into  Court  Street 
to  the  westerly  ; thence  in  Court  Street  by  a double  track,  to 
be  constructed  (whose  southern  track  shall  also  by  a curve,  to 
be  constructed,  be  connected  southerly  into  the  western  existing 
track  in  Vine  Street),  westerly  to  and  into  Central  Avenue,  and 
by  curves  to  southerly  in  Central  Avenue,  and  thence  in  Central 
Avenue  to  and  into  Richmond  Street  by  curves  to  westerly  ; 
thence  westerly  in  Richmond  Street  to  and  into  Carr  Street  by 
curves  to  southerly  ; thence  in  Carr  Street  southerly  to  and  into 
Eighth  Street  by  curves  to  westerly ; thence  in  Eighth  Street 
westerly  to  and  across  McEean  Avenue.  Also  in  the  following 
alternatives  as  to  the  latter  portion  of  said  route  as  described  : 

First  Alternative — Continuing  westerly  in  Richmond  Street, 
from  the  curves  to  southerly  to  and  into  Carr  Street,  above  desig- 
nated, by  double  track  to  and  into  Harriet  Street  by  curves  to 
southerly ; thence  in  Harriet  Street  southerly  to  and  into  said 
aforementioned  tracks  in  Eighth  Street  by  curves  to  westerly. 

Second  Alternative — Continuing  westerly  in  Richmond 
Street,  from  the  curves  to  southerly  to  and  into  Carr  Street, 


Ordinances  of  the  City  of  Cincinnati 


267 


above  designated,  by  double  track  to  Harriet  Street ; thence 
by  single  track  as  follows  : Westerly  along  Richmond  Street 
by  single  track  to  and  into  McLean  Avenue  by  a curve  to 
southerly ; thence  in  McLean  Avenue  southerly  by  single  track 
to  and  across  Ninth  Street,  also  out  of  the  double  track  in 
Richmond  Street  into  Harriet  Street  by  single  curve  to  south- 
westerly; thence  in  Harriet  Street  southerly  by  single  track  to 
and  into  Ninth  Street  by  curve  to  westerly;  thence  in  Ninth 
Street  westerly  by  single  track  to  and  into  McLean  Avenue  by 
curve  to  southerly;  thence  in  McLean  Avenue  southerly  by 
double  tracks  to  and  into  the  aforementioned  tracks  in  Eighth 
Street  by  curves  to  westerly. 

Third  Alternative — Continuing  westerly  in  Richmond  Street, 
from  the  curves  to  southerly  to  aud  into  Carr  Street,  above  desig- 
nated, by  double  track  to  and  into  McLean  Avenue  by  curves 
to  southerly  ; thence  in  McLean  Avenue  southerly  by  double 
tracks  to  and  into  the  aforementioned  tracks  in  Eighth  Street 
by  curves  to  westerly ; thence  by  double  track  in  Eighth  Street 
westerly  to  and  over  the  viaduct  to  be  constructed  therein  ; 
and  thence  in  Eighth  Street  westerly  to  and  into  Glenway 
Avenue  by  curves  to  northerly  ; thence  in  and  along  Glenway 
Avenue  by  its  course  northerly  and  westerly  to  the  corpora- 
tion line  of  Cincinnati ; thence  westerly  along  the  turnpike 
to  and  into  Rapidrun  Pike  by  curves  to  southerly ; thence 
southwesterly  in  said  Rapidrun  Pike  to  a point  opposite  the 
Eighth  - street  extension  entrance  to  the  new  St.  Joseph’s 
Cemetery ; thence  southerly  by  curves  to  and  into  private 
property;  thence  southerly  across  said  private  property  to  and 
into  said  Eighth-street  extension. 

Also  in  the  alternative  as  to  the  latter  portion  of  said  route, 
as  described,  by  continuing  westerly  in  the  turnpike  aforesaid, 
from  the  curves  to  southerly  to  and  into  Rapidrun  Pike,  above 
designated,  by  double  tracks,  to  near  the  double  toll-gate;  thence 
in  private  property  in  the  direction  of  said  turnpike  to  a point 
at  nearly  right  angles  from  the  Eighth-street  extension  entrance 
to  the  new  St.  Joseph’s  Cemetery;  thence  southerly  in  private 


268 


Ordinances  of  the  City  of  Cincinnati 


property  to  and  into  said  aforementioned  tracks  in  Rapidrun 
Pike;  thence  easterly  in  and  along  said  Eighth-street  extension 
across  the  corporation  line  of  Cincinnati  and  to  Elberon  Avenue 
of  said  city,  and  by  curves  southerly  into  said  Elberon  Avenue ; 
and  thence  along  it  when  constructed  to  and  into  State  Avenue 
by  curves  to  northerly;  thence  along  State  Avenue  northerly  to 
and  into  the  aforementioned  tracks  in  Eighth  Street  by  curves 
to  easterly,  returning  over  the  tracks  and  routes  herein  above 
described  to  the  junction  of  Court  and  Vine  streets;  thence  by 
the  southern  track  in  Court  Street,  by  the  curve  therein  above 
provided  for,  to  south  into  the  western  track  in  Vine  Street ; 
thence  by  said  western  track  now  in  Vine  Street  to  and  by  the 
curve  to  easterly  into  the  southerly  track  in  Fountain  Square  ; 
and  thence  easterly  along  said  track  to  and  into  Walnut  Street 
by  the  curve  to  southerly ; and  thence  by  the  western  track  in 
Walnut  Street  to  the  place  of  beginning  at  the  corner  of  Walnut 
and  Fourth  streets. 

x\lso  from  the  junction  of  said  Richmond  Street  and  Cutter 
Street  by  curves  from  said  double  track  in  Richmond  Street 
to  northerly  into  said  Cutter  Street,  and  therein  northerly  by 
double  tracks  to  and  into  Wade  Street  by  curves  to  westerly  ; 
and  thence  in  Wade  Street  westerly  to  and  into  Denman  Street 
by  curves  to  northerly  (with,  however,  but  a single  track  along 
the  center  of  Wade  Street  between  Cutter  Street  and  Freeman 
Avenue);  thence  in  Denman  Street  to  and  into  Liberty  Street 
by  curves  to  westerly. 

Also  in  the  alternative  as  to  the  latter  portion  of  said  route, 
as  described,  by  curves  from  the  aforesaid  track  in  Cutter  Street 
westerly  into  Clinton  Street ; thence  westerly  in  Clinton  Street 
to  and  into  Freeman  Avenue  by  curves  to  northerly ; thence 
northerly  in  Freeman  Avenue  to  and  into  Flint  Street  by 
curves  to  westerly ; thence  westerly  in  Flint  Street  to  and 
into  Denman  Street  by  curves  to  northerly ; thence  northerly 
in  Denman  Street  to  Wade  Street  and  the  aforesaid  tracks  in 
Denman  Street ; thence  along  said  tracks  in  Denman  Street  to 
and  into  Liberty  Street  by  the  curves  aforesaid ; thence  along 


Ordinances  of  the  City  of  Cincinnati 


269 


Liberty  Street  westerly  to  the  Liberty-street  Viaduct ; thence 
over  said  viaduct  on  tracks  to  be  constructed  ; thence  to  and 
into  State  Avenue  by  curves  to  northerly ; thence  in  State 
Avenue  northerly  to  and  into  Harrison  Avenue  by  curves  to 
westerly ; thence  in  Harrison  Avenue  westerly  to  Westwood 
Avenue ; thence  in  Harrison  Pike  by  curves  to  northerly ; 
thence  in  Harrison  Pike  northwesterly  to  the  corporation  line 
across  said  pike,  returning  over  the  tracks  and  routes  herein 
above  described  to  the  junction  of  Richmond  and  Cutter  streets; 
thence  by  the  tracks  and  routes  herein  above  described  to  Walnut 
and  Fourth  streets,  the  place  of  beginning. 

The  termini  of  said  route  being  respectively  the  corner  of 
Fourth  and  Walnut  streets,  the  corporation  line  across  Harrison 
Pike,  and  the  entrance  of  the  new  St.  Joseph’s  Cemetery  at 
Eighth-street  extension  in  Delhi  Township.  And  said  railroad 
all  to  be  constructed  and  operated  as  a double-track  electrical 
street  railroad,  with  either  the  single  or  double  trolley  method 
of  operation  ; provided  that  in  those  parts  of  the  route  above 
described  which  are  alternative  the  grantee  of  the  right  to 
construct  and  operate  this  route  shall  not,  after  the  accept- 
ance of  one  of  said  alternatives,  be  permitted  to  lay  tracks 
in  any  other  part  of  said  route  to  which  the  alternative  by 
him  accepted  applies  ; and  provided  further  that  in  running 
over  any  viaducts  along  said  route  said  grantee  shall  be  com- 
pelled to  use  the  rails  and  fixtures  put  thereon  by  the  city 
of  Cincinnati,  if  any,  be  subject  to  such  rules  and  regulations 
and  ordinances  as  may  hereafter  be  established  and  adopted 
in  reference  to  operating  over  same,  and  shall  pay  annually 
rental  for  the  privilege  of  operating  over  same,  to  be  here- 
after fixed  by  ordinance  of  said  city. 

Sec.  2.  All  tracks  constructed  upon  said  route  shall  be 
laid  parallel  to  the  center  line  of  the  several  streets  and  parts 
of  streets  in  said  route,  and  as  near  thereto  as  will  permit  the 
safe  and  usual  passage  of  cars.  All  rails  used  in  construction 
of  tracks  shall  be  of  the  pattern  known  as  the  best  “ girder  ” 
rail,  subject  to  the  approval  of  the  Board  of  Administration 


270 


Ordinances  of  the  City  of  Cincinnati 


and  its  chief  engineer  ; and  the  supports  of  said  electric  system 
of  motive  power  shall  be  of  metal,  and  of  the  best  and  most 
improved  pattern  ; and  no  wires  shall  be  placed  above  and 
across  any  street  within  less  than  twenty  feet  of  the  surface 
thereof,  except  under  overhead  bridges  or  other  overhead 
construction.  And  wherever  pavement  or  street  surface  is 
disturbed  by  the  construction  of  tracks  on  said  route,  there 
the  same  shall  be  restored  to  like  good  condition  as  before 
disturbed  by  the  grantee  of  the  right  to  build  such  route,  at  his 
own  sole  expense,  at  the  time  of  completing  the  construction 
of  said  tracks,  the  same  to  be  done  under  the  supervision  and 
to  the  satisfaction  of  the  Board  of  Administration  and  its  chief 
engineer. 

Sec.  3.  In  the  following  portions  of  said  route — viz.  : 
in  Vine  Street  from  Court  Street  to  the  southerly  track  in 
Fountain  Square,  over  the  double  track  therein,  and  thence 
along  the  single  track  along  Fountain  Square,  Walnut,  Fourth, 
and  Vine  streets  to  said  double  track  at  the  said  southerly 
track  in  Fountain  Square,  and  in  Liberty  Street  from  Denman 
Street  to  the  viaduct — the  grantee  of  the  right  to  construct 
and  operate  this  route  shall  have  the  right  to  run  cars  over 
and  along  the  existing  tracks  in  the  same  direction  in  which 
cars  are  now  run  thereover,  first  agreeing  with  the  owner  of 
such  tracks  as  to  the  terms  and  conditions  of  such  use,  or  as 
shall  be  fixed  by  arbitration,  as  provided  in  the  general  ordi- 
nances of  Cincinnati  governing  such  cases,  passed  February 
7,  1879.  And  in  the  following  portions  of  said  route  where 
there  are  existing  street  railroad  tracks  — viz.  : in  Central 
Avenue,  between  Court  and  Richmond  streets,  a single  track; 
in  Eighth  Street,  from  Carr  Street  to  the  viaduct  and  from 
the  viaduct  to  Glenway  Avenue,  a double  track;  in  State 
Avenue,  from  Eighth  Street  to  Elberon  Avenue,  part  way  a 
double  track  and  the  balance  of  the  distance  a single  track ; 
in  Glen  way  Avenue,  from  Warsaw  Pike  to  the  corporation 
line,  a double  track ; on  the  Liberty-street  Viaduct,  and  across 
said  viaduct  to  State  Avenue,  a double  track ; in  Harrison 


Ordinances  of  the  City  of  Cincinnati 


271 


Avenue,  from  State  Avenue  to  Westwood  Avenue,  a double 
track  ; in  Freeman  Avenue,  from  Clinton  Street  to  Flint  Street, 
a double  track — the  grantee  of  the  right  to  construct  and 
operate  this  route  shall  have  the  right  to  run  cars,  in  the 
same  direction  in  which  cars  are  now  run,  over  and  along  so 
much  of  any  existing  tracks  therein  as  may  by  existing  laws 
and  ordinances  be  lawfully  granted  ; first  agreeing  with  the 
owner  of  any  tracks  so  used  as  to  the  terms  and  conditions 
of  such  use  ; and  failing  in  such  agreement,  the  terms  and 
conditions  of  such  use  shall  be  fixed  by  arbitration,  as  pro- 
vided in  said  general  ordinance ; and  in  case  of  the  inability 
of  said  grantee  to  obtain  the  right  lawfully  to  use  the  whole 
or  any  part  of  any  existing  tracks  in  any  street,  avenue,  or 
viaduct  last  aforesaid,  or  any  part  thereof,  said  grantee  shall 
have  the  right  in  all  or  any  part  of  said  places  and  distances 
to  construct  and  lay  its  own  tracks  in  immediate  juxtaposition 
to  said  existing  tracks,  except  that  in  Central  Avenue  the 
tracks  of  said  grantee  shall  be  laid  equidistant  from  the  single 
track  now  existing  in  the  center  of  said  avenue,  and  at  safe 
clearing  distance  from  the  same;  and  said  grantee  shall  have 
the  right  to  make  any  and  all  necessary  connection  between 
existing  tracks  so  used  and  the  tracks  constructed  by  it  as 
herein  authorized ; and  with  the  consent  of  the  owner  of  such 
existing  tracks  said  grantee  may  substitute  for  such  existing 
tracks  other  tracks  of  the  kind  provided  to  be  laid  under  this 
ordinance,  permitting  the  use  thereof  to  the  owner  of  the 
existing  tracks. 

SEC.  4.  The  cars  upon  said  route  shall  be  operated  by 
electricity.  The  grantee  of  the  right  to  construct,  maintain, 
and  operate  said  route  shall  have  the  right  along  the  entire 
distance  of  said  route  to  plant  next  to  the  curb -line  in  the 
sidewalks  thereon  the  necessary  poles  to  uphold  and  sustain 
the  carrying-  and  feed-wires  for  a single  or  double  trolley-wire 
over  each  of  said  tracks,  and  to  construct  and  maintain  over 
each  of  said  tracks  throughout  the  entire  length  of  said  route 
a single  or  double  trolley-wire,  with  all  the  necessary  fixtures 


272 


Ordinances  of  the  City  of  Cincinnati 


and  appliances,  none  of  its  carrying-,  trolley-,  or  feed-wires  to 
be  kept  less  than  twenty  feet  above  the  face  of  tracks,  except 
under  overhead  bridges  or  other  overhead  construction.  Also 
the  right  shall  be  given  said  grantee  to  carry  in  any  streets 
of  said  city,  in  the  sidewalks  next  the  curb-line,  all  necessary 
and  convenient  poles  and  feed-wires  to  its  trolleys  from  its 
power  station  or  stations  ; provided,  however,  that  all  mains, 
wires,  or  electrical  conductors  along  any  portion  or  all  of  said 
route,  and  along  any  portion  of  said  route  to  the  power  station 
of  said  grantee,  excepting  trolley-wires  with  their  necessary 
supporting  and  guard-wires,  and  the  necessary  connecting  or 
supply-wires  from  the  poles  to  the  trolley- wires,  shall,  when- 
ever it  is  deemed  practicable  by  the  Board  of  Administration, 
be  placed  in  suitable  conduits  or  subways  under  the  surface 
of  the  streets  by  the  grantee,  its  successors  or  assigns,  in  such 
a manner  as  not  to  unnecessarily  interfere  with  the  use  of  such 
streets  for  local  improvements  of  any  character,  or  with  the 
sewers  or  water-mains  or  branches  thereof ; subject,  however, 
to  such  restrictions  and  regulations  as  may  be  imposed  in 
respect  thereto  by  the  Board  of  Administration.  But  before 
any  street  is  opened  for  the  purpose  of  laying  such  conduits  or 
subways  the  said  grantee  shall  file  with  the  Board  of  Admin- 
istration a complete  map  and  plans  of  all  subways,  conduits, 
mains,  manholes,  and  branches,  showing  all  mains  and  branches 
and  connections,  and  obtain  thereof  the  approval  of  the  Board 
of  Administration.  Provided  further  that  all  of  said  wires, 
poles,  and  supports  shall  be  removed  by  the  grantee  upon  order 
of  the  Board  of  Administration  of  said  city  as  soon  as  an  elec- 
trical system  of  operating  street  railways  without  overhead 
wires  is,  in  the  opinion  of  said  board,  in  successful  operation  in 
any  city  in  the  United  States.  All  motors  used  on  said  route 
shall  be  of  not  less  than  thirty-horse  power,  and  each  car  not 
less  than  twenty-one  feet  in  length,  inside  measurement,  and 
of  the  latest  and  most  improved  designs  and  construction. 

Sec.  5.  All  construction  of  tracks,  poles,  and  wires,  and 
the  location  thereof,  to  be  under  the  supervision  of  the 


Ordinances  of  the  City  of  Cincinnati 


273 


chief  engineer  of  the  Board  of  Administration,  and  to  the 
satisfaction  and  approval  of  such  engineer  and  the  Board  of 
Administration. 

SEC.  6.  The  grantee,  successors,  and  assigns  of  the  right 
to  construct,  maintain,  and  operate  said  route  to  be  by  the 
acceptance  of  the  ordinance  granting  such  right  bound  by  every 
provision  of  the  general  ordinance  regulating  the  construction 
and  operation  of  street  railroads  in  Cincinnati,  passed  February 
7,  1879,  except  as  herein  otherwise  provided  ; provided,  how- 
ever, that  said  grantee  shall  pay  into  the  city  treasury,  at  the 
time  of  commencing  to  operate  its  cars  and  annually  on  the 
first  day  of  January,  in  advance,  for  and  upon  each  car  run  by 
it  over  said  route,  the  sum  of  four  dollars  per  lineal  foot  of 
every  such  car,  inside  measurement,  and  in  addition  thereto  it 
shall  pay  into  the  city  treasury  quarterly,  on  the  first  day  of 
January,  April,  July,  and  October  of  each  year,  two  and  a half 
per  cent  of  the  gross  earnings  from  every  source  of  such  grantee 
during  the  preceding  quarter  on  said  route  and  all  its  connect- 
ing lines,  whether  within  or  without  the  corporate  limits  of 
Cincinnati,  at  any  time  operated  in  connection  with  said  route 
for  the  fare  authorized  by  the  ordinance  hereafter  to  be  passed 
making  the  grant  for  this  route;  provided  that  whenever  any 
payment  for  percentage  on  gross  earnings  for  such  connecting 
line  has  been  made  to  the  city  under  any  ordinance  governing 
such  connecting  line,  such  payment,  so  far  as  it  is  for  receipts 
from  travel  over  this  route  in  conjunction  with  the  connecting 
line  and  for  the  rate  of  fare  authorized  under  the  grant  of  this 
route,  shall  be  deducted  from  the  amount  so  paid  under  this 
ordinance. 

Sec.  7.  All  new  tracks  constructed  under  this  grant  shall 
be  subject  to  the  right  which  is  hereby  expressly  reserved  by 
the  city  of  Cincinnati  lawfully  to  permit  any  other  person, 
company,  or  corporation  to  run  cars  over  any  part  of  the  same, 
on  such  equitable  terms  and  conditions  as  said  city,  by  proper 
ordinance,  shall  fix,  in  case  the  owners  of  such  new  tracks 
fail  to  agree  with  the  grantee  of  such  right  on  such  terms  and 


274 


Ordinances  of  the  City  of  Cincinnati 


conditions,  and  said  city,  by  its  Board  of  Legislation,  shall  have 
determined  that  such  joint  use  is  to  the  public  interest ; and 
the  grantee,  its  successors  and  assigns,  of  such  right  to  con- 
struct, maintain,  and  operate  said  route  shall  by  acceptance  of 
this  ordinance  granting  such  right  be  bound  by  this  condition, 
and  held  thereby  to  waive  all  right  to  demand  condemnation 
of  its  property  rights  in  and  to  said  tracks. 

Sec.  8.  The  work  of  construction  on  said  route  shall  be 
begun  within  thirty  days  after  the  grant  of  permission  here- 
under is  made,  and  the  entire  construction  shall  be  completed 
and  said  route  in  operation  within  six  months  after  said  grant 
is  made  ; provided  that  the  portion  of  the  route  over  Eighth- 
street  Viaduct,  Eighth  Street  from  McLean  to  State  Avenue, 
and  on  Elberon  Avenue  and  Eighth-street  extension,  may  be 
completed  within  sixty  days  after  said  viaduct  is  completed  and 
Elberon  Avenue  and  Eighth-street  extension  are  graded  and  fit 
for  occupation  by  tracks ; and  provided  further  that  any  delay 
of  grantee  by  legal  proceedings  shall  not  be  counted  against 
his  time  of  construction  or  completion  under  such  grant. 

SEC.  9.  All  cars  shall  run  continuously  on  the  Harrison- 
pike  portion  of  said  route  from  Walnut  and  Fourth  streets  to 
the  corporation  line  on  Harrison  Pike  in  each  direction,  and  all 
cars  shall  run  continuously  on  the  Price-Hill  portion  of  said 
route  from  Walnut  and  Fourth  streets  to  the  terminus  at  the 
new  St.  Joseph’s  Cemetery  in  each  direction  ; and  till  the  com- 
pletion of  said  entire  route  crossover  tracks  may  be  used  to 
permit  operation  of  said  route  so  far  as  constructed  at  each 
terminus  thereof,  and  on  each  side  of  any  legal  or  actual  ob- 
struction to  further  operation.  At  Richmond  and  Cutter  streets 
and  State  Avenue  and  Eighth  Street,  where  said  route  divides, 
transfers  shall  be  furnished  each  passenger  demanding  the  same 
upon  the  cars  in  either  direction,  so  that  a passenger  may  pursue 
his  journey  continuously  to  any  part  of  said  route  for  a single 
fare.  Over  the  entirety  of  said  route,  when  completed,  cars  shall 
be  run  in  each  direction  as  often  as  the  public  good  demands, 
and  at  intervals  of  not  more  than  one  hour  between  the  hours 


Ordinances  of  the  City  of  Cincinnati 


275 


of  12  o’clock  midnight  and  6 o’clock  A.  m.  Open  cars  shall  be 
run  in  warm  and  closed  cars  heated  in  cold  weather. 

Sec.  10.  Sealed  proposals  shall,  in  accordance  with  law, 
be  advertised  for  to  construct  and  operate  said  street  railroad 
under  and  in  accordance  with  the  provisions  of  this  ordinance, 
and  the  city  clerk  shall  be  directed  to  advertise  for  sealed 
proposals  to  construct  and  operate  said  street  railroad  at  the 
lowest  rate  of  fare,  in  accordance  with  the  terms,  conditions, 
and  stipulations  of  this  ordinance.  Proposals  to  specify  the 
rates  of  single  cash  fare,  the  number  of  commutation  tickets  in 
packages  to  be  sold  for  one  dollar,  the  number  of  commutation 
tickets  in  packages  to  be  sold  for  fifty  cents,  and  the  number 
of  commutation  tickets  in  packages  to  be  sold  for  twenty-five 
cents,  to  be  addressed  to  the  Board  of  Administration,  and 
opened  by  them  at  a day  and  hour  to  be  named  in  the  adver- 
tisement. Each  bidder  shall  accompany  his  bid  with  a good 
and  sufficient  bond,  to  the  satisfaction  of  the  Board  of  Adminis- 
tration, in  the  sum  of  twenty-five  thousand  dollars,  as  liquidated 
damages,  that  he  or  they  will,  if  awarded  the  said  grant,  enter 
into  a contract  therefor  within  ten  days  from  and  after  the 
passage  of  the  ordinance  granting  such  right,  and  give  bond 
for  its  faithful  performance,  as  hereinafter  provided.  Said 
grant  shall  be  made  only  to  the  corporation,  individual,  or 
company  that  shall  bid  to  carry  passengers  on  said  proposed 
route  at  the  lowest  rate  of  fare  aforesaid,  and  shall  accompany 
such  bid  with  such  bond  aforesaid,  and  shall  have  previously 
obtained  and  filed  the  written  consent  of  property -holders,  as 
required  by  law.  And  said  grant  shall  be  for  the  term  of 
twenty -five  years  from  and  after  the  date  of  the  awarding 
of  the  same. 

Sec.  11.  At  the  time  of  entering  into  said  contract,  as 
above  provided  for,  the  individual,  company,  or  corporation 
to  whom  the  said  grant  shall  be  made  shall  enter  into  a good 
and  sufficient  bond,  to  the  satisfaction  of  the  Board  of  iVdmin- 
istration,  in  the  sum  of  fifty  thousand  dollars,  as  liquidated 
damages,  conditioned  that  he,  they,  or  it  will  faithfully  comply 


276 


Ordinances  of  the  City  of  Cincinnati 


with  the  terms  and  conditions  of  this  ordinance  and  the  grant 
and  contract  made  in  pursuance  thereof.  In  case  the  indi- 
vidual, company,  or  corporation  to  whom  such  grant  shall  be 
made  shall  refuse  or  neglect  to  enter  into  said  contract,  or  to 
give  such  bond  to  faithfully  comply  with  the  terms  and  con- 
ditions of  this  ordinance  and  the  grant  and  contract  made  in 
pursuance  thereof  as  above  provided,  it  shall  be  competent  by 
ordinance  to  award  the  said  grant  to  the  next  lowest  bidder 
at  said  original  bidding,  who  shall  enter  into  said  contract 
and  give  said  bond  ; and  in  case  of  like  neglect  or  refusal  of 
such  next  lowest  bidder,  then  to  award  the  same  to  the  next 
lowest  bidder;  and  so  on,  without  further  bidding,  until  said 
grant  shall  have  been  awarded  to  a bidder  who  shall  enter 
into  said  contract  and  give  said  bond. 

Sec.  12.  That  Ordinance  No.  395,  passed  November  18, 
1892,  and  entitled  “An  ordinance,  No.  395,  to  establish  a 
street  railroad  route,  No.  25,  partly  within  and  partly  without 
the  city  of  Cincinnati,  designating  the  termini  of  said  route 
within  and  without  said  city;  the  streets,  parts  of  streets, 
public  grounds  and  viaducts,  private  grounds,  public  roads 
and  alternative  with  public  roads,  private  grounds  both  within 
and  without  said  city,  along  which  said  route  shall  pass  ; where 
tracks  shall  be  constructed,  and  where  said  route  shall  be 
operated  upon  tracks  already  constructed  in  portions  of  said 
route ; and  prescribing  the  character  of  construction  to  be 
made,  and  the  terms  and  conditions  upon  which  said  route 
shall  be  operated  ” — be  and  the  same  is  hereby  repealed. 

No.  438.  Passed  January  20,  1893. 

To  require  all  street  railroad  companies  owning-  and  operating:  street 
railroads  within  the  City  of  Cincinnati  to  equip  their  closed  cars 
with  heating-  apparatus  and  appliances. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati  : 

SEC.  1.  That  all  street  railroad  companies  owning  and 
operating  street  railroads  within  the  city  of  Cincinnati  be 
required  to  furnish  and  equip  all  their  closed  cars  with  heating 
apparatus  and  appliances  during  the  winter  season. 


Ordinances  of  the  City  of  Cincinnati 


277 


Sec.  2.  Any  conductor,  driver,  or  motorman  having  charge 
or  control  of  any  street  railway  car  upon  any  of  the  street 
railroads  of  this  city  which  runs  over  the  line  of  any  street 
railway  without  being  furnished  and  equipped  with  such 
heating  apparatus  and  appliances  shall  be  deemed  guilty  of  a 
misdemeanor,  and  fined  in  any  sum  not  less  than  ten  nor 
more  than  twenty-five  dollars ; and  each  day  such  car  is  run 
in  violation  of  this  ordinance  shall  be  considered  a separate 
and  distinct  offense. 

No.  447.  Passed  January  27,  1893. 

To  compel  the  Cincinnati  Street  Railway  Company  to  run  cars  on 
Route  No.  18  at  intervals  of  not  more  than  one  hour  between 
12  o’clock  midnight  and  6 o’clock  A.  M. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati : 

SEC.  1.  That  the  Cincinnati  Street  Railway  Company  be 
compelled  to  run  cars  on  Route  18  of  said  company  at  intervals 
of  not  more  than  one  hour  between  12  o’clock  midnight  and 
6 o’clock  A.  M. 

Sec.  2.  The  violation  of  the  provision  of  the  above  ordi- 
nance shall  be  a misdemeanor,  and  the  president  or  secretary 
or  superintendent  of  said  Cincinnati  Street  Railway  Company 
shall,  upon  conviction  thereof  in  the  Police  Court,  pay  a fine 
of  not  more  than  twenty-five  dollars  nor  less  than  ten  dollars, 
and  each  night’s  violation  of  this  ordinance  shall  be  a distinct 
offense,  and  shall  be  punishable  accordingly. 

No.  448.  Passed  January  27,  1893. 

To  require  all  street  railroad  companies  owning1  and  operating-  street 
railroads  within  the  City  of  Cincinnati  to  run  open  cars  during 
the  summer  season. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati  : 

SEC.  1.  That  all  street  railroad  companies  owning  and 
operating  street  railroads  within  the  city  of  Cincinnati  be 
required  to  run  a suitable  number  of  open  cars  during  the 
summer  season. 


278 


Ordinances  of  the  City  of  Cincinnati 


SEC.  2.  That  the  manager,  superintendent,  or  president 
of  any  such  street  railway  company  who  fails  to  comply  with 
the  provisions  of  this  ordinance  shall  be  deemed  guilty  of  a 
misdemeanor,  and  fined  in  any  sum  not  less  than  ten  nor 
more  than  twenty -five  dollars;  and  each  day  such  cars  are 
run  in  violation  thereof  shall  be  considered  a separate  and 
distinct  offense. 

• 

NO.  498.  Passed  March  24,  1893. 

To  supplement  Clause  8 of  Section  18  of  an  ordinance  entitled  “An 
ordinance  providing-  for  the  construction,  operation,  and  g-overn- 
ment  of  street  railroads,”  passed  February  7,  1879. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati: 

SEC.  1.  That  Clause  8 of  Section  18  of  Part  Third  of  an 
ordinance  entitled  “An  ordinance  providing  for  the  construc- 
tion, operation,  and  government  of  street  railroads,”  passed 
February  7,  1879,  be  and  the  same  is  hereby  supplemented 
with  numbering  as  follows  : 

Clause  8-a — That  the  company,  individual,  or  association 
of  individuals  operating  routes  No.  2,  No.  9,  No.  10,  No.  16, 
and  No.  18,  the  Cincinnati  and  Clifton  Incline  Plane  Railroad, 
and  the  Cincinnati  and  Spring-Grove  Avenue  Street  Railway, 
and  all  extensions  of  any  of  said  routes,  shall  run  its  cars  on 
said  routes  from  6 o’clock  a.  m.  until  8 o’clock  A.  M.  and  from 
4 o’clock  p.  m.  until  7 o’clock  p.  m.  at  intervals  of  not  more  than 
three  minutes  apart,  and  at  all  other  hours  up  to  12  o’clock 
midnight  at  intervals  of  not  more  than  five  minutes  apart ; 
and  in  the  construction  of  this  section,  if  it  be  held  by  the 
court  that  as  to  any  one  or  more  of  such  routes  the  provisions 
hereof  are  invalid,  such  invalidity  shall  not  affect  the  validity 
of  the  provisions  as  to  the  remaining  routes. 

SEC.  2.  That  for  each  and  every  violation  of  the  provisions 
and  requirements  of  this  ordinance  the  company,  individual,  or 
association  operating  any  of  said  routes  shall  be  fined  in  a sum 
not  less  than  ten  dollars,  to  be  recovered  by  an  action  brought 
before  a magistrate  or  other  court  of  competent  jurisdiction  in 


Ordinances  of  the  City  of  Cincinnati 


279 


the  name  of  the  city  of  Cincinnati  and  for  its  use  ; and  the 
operation  of  each  car  upon  any  of  said  routes  in  violation 
of  the  provisions  of  this  ordinance  shall  be  deemed  a distinct 
and  separate  offense. 

SEC.  3.  The  right  is  reserved  to  the  Board  of  Legislation, 
from  time  to  time,  by  ordinance  to  determine  the  intervals  at 
which  cars  shall  run  upon  any  street  railroad  route  now  or 
hereafter  established. 

No.  499.  Passed  March  24,  1893. 

To  amend  Clause  8 of  Section  18  of  an  ordinance  entitled  “An  ordi- 
nance providing-  for  the  construction,  operation,  and  government 
of  street  railroads,”  passed  February  7,  1879. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati : 

Sec.  1.  That  Clause  8 of  Section  18  of  Part  Third  of 
“An  ordinance  providing  for  the  construction,  operation,  and 
government  of  street  railroads,”  passed  February  7,  1879,  be 
and  the  same  is  hereby  amended  so  as  to  read  as  follows  : That 
the  company,  individual,  or  association  of  individuals  operating 
routes  Nos.  1,  4,  5,  7,  13  and  15,  21,  22,  23  and  24,  and  the 
Storrs  and  Sedamsville  Street  Railroad,  shall  run  cars  on  any 
of  said  routes  and  all  extensions  of  any  of  said  routes  from 
6 o’clock  A.  m.  until  8 a.m.  and  from  4 o’clock  p.m.  until  7 p.  m. 
at  intervals  of  not  more  than  three  minutes  apart,  and  at  all 
other  hours  up  to  midnight  at  intervals  of  not  more  than  five 
minutes  apart ; and  in  the  construction  of  this  section,  if  it  be 
held  by  the  court  that  as  to  any  one  or  more  of  such  routes  the 
provisions  hereof  are  invalid,  such  invalidity  shall  not  affect 
the  validity  of  the  provisions  as  to  the  remaining  routes. 

SEC.  2.  That  for  each  and  every  violation  of  the  provisions 
and  requirements  of  this  ordinance  the  company,  individual, 
or  association  operating  any  of  said  routes  shall  be  fined  in  a 
sum  not  less  than  ten  dollars,  to  be  recovered  by  an  action 
before  a magistrate  or  other  court  of  competent  jurisdiction 
brought  in  the  name  of  the  city  of  Cincinnati  and  for  its  use  ; 
and  the  operation  of  each  car  upon  any  of  said  routes  in  viola- 


280 


Ordinances  of  the  City  of  Cincinnati 


tion  of  the  provisions  of  this  ordinance  shall  be  deemed  a 
distinct  and  separate  offense. 

SEC.  3.  The  right  is  reserved  to  the  Board  of  Legislation, 
from  time  to  time,  by  ordinance  to  determine  the  intervals  at 
which  cars  shall  run  upon  any  street  railroad  route  now  or 
hereafter  established. 

Sec.  4.  That  said  original  Clause  8 of  Section  18  of  Part 
Third  of  an  ordinance  entitled  “An  ordinance  providing  for  the 
construction,  operation,  and  government  of  street  railroads,” 
passed  February  7,  1879,  be  and  the  same  is  hereby  repealed. 

No.  497.  Passed  March  31,  1893. 

To  repeal  an  ordinance  passed  March  19,  1880,  entitled  “An  ordinance 
to  provide  for  the  extension  of  the  Cincinnati  and  Spring-Grove 
Avenue  Street  Railway  Company,”  and  an  ordinance  passed  May 
6,  1887,  entitled  “An  ordinance  to  provide  for  the  extension  of 
Spring-  Grove  Avenue  Street  Railway  tracks,”  and  to  forfeit  the 
franchises  and  rights  of  the  Cincinnati  Street  Railway  Company 
in  the  Cincinnati  and  Spring-Grove  Avenue  Street  Railway  route 
and  all  its  connections. 

Whereas , The  Cincinnati  Street  Railway  Company  owns  and 
operates  a street  railroad  known  as  Cincinnati  and  Spring-Grove 
Avenue  Street  Railway  and  its  extension,  under  and  by  virtue 
of  an  ordinance  passed  March  19,  1880,  entitled  “An  ordinance 
to  provide  for  the  extension  of  the  Cincinnati  and  Spring-Grove 
Avenue  Street  Railway  Company,”  and  an  ordinance  passed 
May  6,  1887,  entitled  “An  ordinance  to  provide  for  the  exten- 
sion of  the  Spring-Grove  Avenue  Street  Railway  tracks,”  and 
is  obligated  thereby  to  run  and  operate  a sufficient  number  of 
cars  to  meet  the  necessities  of  the  public,  and  to  operate  cars 
continuously  without  change  from  one  end  of  said  route  and 
extensions  to  the  other  ; and 

Whereas , Said  company  is  not  now  and  has  not  for  a long 
time  past  operated  a sufficient  number  of  cars  on  said  route  and 
its  extensions  to  meet  the  necessities  of  the  public,  and  has 
not  operated  its  cars  continuously  on  said  route  and  its  exten- 
sions without  change  from  one  end  of  the  same  to  the  other  : 
Be  it  ordained  by  the ‘Board  of  Legislation  of  Cincinnati  : 


Ordinances  of  the  City  of  Cincinnati 


281 


SEC.  1.  That  said  ordinance  entitled  “An  ordinance  to 
provide  for  the  extension  of  the  Spring-Grove  Avenue  Street 
Railway  Company,”  and  said  ordinance  entitled  “An  ordinance 
to  provide  for  the  extension  of  the  Spring-Grove  Avenue  Street 
Railway  tracks,”  be  and  the  same  are  hereby  repealed,  and 
all  rights,  privileges,  and  franchises  granted  to  the  Cincinnati 
and  Spring-Grove  Avenue  Street  Railway  Company  or  its  suc- 
cessor, in  title  the  Cincinnati  Street  Railway  Company,  under 
and  by  virtue  of  said  ordinances  and  under  its  original  grants 
from  the  Cincinnati  and  Spring -Grove  Avenue  Company  in 
Spring-Grove  Avenue,  and  in  any  other  streets  and  highways 
of  the  city,  be  and  the  same  are  hereby  forfeited  and  held 
for  naught. 

Sec.  2.  The  corporation  counsel  is  hereby  directed  to  in- 
stitute the  necessary  legal  proceedings  to  enforce  the  provisions 
of  this  ordinance. 

No.  546.  Passed  June  9,  1893. 

Granting-  permission  to  Albert  L.  Johnson,  C.  E.  Grover,  Fred.  Hempy, 
Li.  A.  Russell,  and  Frank  N.  Wilcox,  their  successors  or  assig-ns, 
to  construct,  maintain,  and  operate  for  the  period  of  twenty-five 
years  a double -track  electric  street  railroad  upon  Street  Rail- 
road Route  No.  25,  duly  established  by  Ordinance  No.  418,  passed 
December  20,  1892,  partly  within  and  partly  without  the  City 
of  Cincinnati  ; desig-nating-  the  termini  of  said  route  ; the  streets, 
parts  of  streets,  g-rounds  and  places,  public  and  private,  and  via- 
ducts along-  and  upon  which  the  tracks  of  such  street  railroad 
shall  and  may  be  constructed,  maintained,  and  operated  ; providing- 
where  existing-  tracks  upon  parts  of  said  route  may  be  run  over 
and  operated  upon  by  the  g-rantees,  their  successors  or  assig-ns, 
of  this  ordinance  ; and  fixing:  the  terms  and  conditions  upon  which 
such  g-rantees,  their  successors  or  assig-ns,  shall  and  may  construct, 
maintain,  and  operate  said  street  railroad  route  during-  said  term. 

[This  lengthy  ordinance  is  not  printed  in  this  connection,  for  the  reason 
that  it  was  annulled  by  decision  of  the  Circuit  Court  (Win.  C.  Compton  ex  rel. 
v.  Albert  E.  Johnson  et  al .,  9 Ohio  State  Circuit  Court  Reports,  532).  The 
ground  taken  was  that  the  bid  of  Orris  P.  Cobb  was  a valid  bid,  and  was 
lower  than  that  of  the  parties  to  whom  the  ordinance  proposed  to  award 
the  right;  and  therefore  injunction  was  granted,  and  remains  in  full  force 
to  this  date.  The  new  route  passed  into  the  control  of  the  Cincinnati 
Street  Railway  Company  by  action  of  the  Board  of  Administration  extending 
Route  No.  18  under  the  powers  conferred  upon  that  body  as  to  street  railroads 
in  Cincinnati  by  the  General  Assembly.] 


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Ordinances  of  the  City  of  Cincinnati 


A RESOLUTION.  Passed  July  28,  1893. 

Regarding-  Liberty-street  tracks. 

Whereas , There  are  two  street  railroad  tracks  on  Liberty 
Street  between  Elm  Street  and  Central  Avenue,  and  the  use  of 
the  south  one  of  said  tracks  has  been  abandoned  by  the  Cincin- 
nati Street  Railway  Company  for  nearly  five  years ; and 

Whereas , The  Board  of  Legislation  by  resolution  has  re- 
quested the  Cincinnati  Street  Railway  Company  to  forthwith 
remove  said  track,  and  restore  the  street  to  good  repair,  as  it 
is  required  to  do  by  the  ordinances  of  the  city  : 

Therefore  be  it  resolved , That  the  Board  of  Administration 
be  directed  to  forthwith  cause  said  track  to  be  removed,  and 
that  the  expense  of  said  removal  and  restoration  of  the  street 
to  good  repair  be  collected  from  the  Cincinnati  Street  Railway 
Company. 

No.  665.  Passed  November  3,  1893. 

To  require  the  Cincinnati  Street  Railway  Company  to  place  a watch- 
man on  the  line  of  its  road  at  the  crossing  of  Elder  and  Elm  streets. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati : 

Sec.  1.  That  the  Cincinnati  Street  Railway  Company  be 
and  is  hereby  required  to  place  a watchman  on  the  line  of 
its  road  at  the  intersection  of  Elder  and  Elm  streets  during 
market-hours. 

SEC.  2.  The  owner  or  operator  of  said  street  railway  com- 
pany violating  the  provisions  of  the  first  section  of  this  ordi- 
nance shall  be  fined  in  the  sum  of  fifty  dollars  per  day,  which 
may  be  recovered  in  a civil  suit  brought  by  said  city  against 
such  owner  or  operator  of  said  street  railway,  or  upon  con- 
viction in  the  Police  Court  the  owner  or  operator  violating 
the  provisions  of  the  first  section  of  this  ordinance  shall  be 
fined  in  any  sum  not  exceeding  fifty  dollars  per  day  nor  less 
than  twenty-five  dollars  per  day,  or  imprisoned  in  the  Work- 
house  for  a term  not  to  exceed  thirty  days  nor  less  than  ten 
days,  or  both  ; and  each  day  said  cars  are  run  in  violation 


Ordinances  of  the  City  of  Cincinnati 


283 


of  the  provisions  of  the  first  section  of  this  ordinance  shall 
constitute  a separate  and  distinct  offense. 

No.  691.  Passed  December  1,  1893. 

To  prevent  the  obstruction  of  street  railroads. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati : 

Sec.  1.  That  it  shall  be  unlawful  for  any  person  or  persons 
to  place  any  dummy,  stuffed  suits,  or  other  obstruction  upon 
any  street,  cable,  or  electric  railway,  or  in  any  way  to  obstruct 
the  passage  of  such  cars  in  motion  by  running  in  front  of  and 
“ cutting  off  ” the  same;  and  any  person  or  persons  violating 
the  provisions  of  this  ordinance  shall  be  fined  in  any  sum  not 
exceeding  twenty-five  nor  less  than  ten  dollars. 

No.  692.  Passed  December  1,  1893. 

To  punish  minors  for  getting-  on  or  off  street  railroad  cars  while  in 
motion,  and  obstructing  street  railroads. 

Be  it  ordauied  by  the  Board  of  Legislation  of  Cincinnati : 

SEC.  1.  That  it  shall  be  unlawful  for  any  minor  under 
fourteen  years  of  age  to  get  on  or  off  any  street,  cable,  or 
electric  car  while  in  motion  ; and  any  minor  violating  the 
provisions  of  this  section  shall  be  fined  in  any  sum  not  ex- 
ceeding ten  dollars. 

No.  863.  Passed  December  7,  1894. 

To  require  the  Cincinnati  Street  Railway  Company  to  station  a 
watchman  at  the  intersection  of  Freeman  Avenue  and  Liberty 
Street,  and  to  cause  him  to  remain  on  duty  there  every  day  in  the 
week,  except  Sunday,  from  8 o’clock  A.  M.  until  6 o’clock  P.  M. 

Be  it  ordamed  by  the  Board  of  Legislation  of  Cincinnati: 

Sec.  1.  That  the  Cincinnati  Street  Railway  Company  be 
and  it  is  hereby  required  to  station  a watchman  on  the  line 
of  its  roads  at  the  intersection  of  Freeman  Avenue  and  Liberty 
Street,  and  to  cause  him  to  remain  on  duty  there  every  day  in 


284 


Ordinances  of  the  City  of  Cincinnati 


the  week,  except  Sunday,  from  8 o’clock  A.  m.  until  6 o’clock 
p.  m.  for  the  protection  from  collision  with  the  cars  of  said  com- 
pany of  human  beings  and  animals  crossing  Freeman  Avenue 
and  Liberty  Street  at  the  point  named. 

Sec.  2.  The  owner  or  operator  of  the  roads  of  the  Cincin- 
nati Street  Railway  Company  violating  the  provisions  of  the 
first  section  of  this  ordinance  shall  be  fined  in  the  sum  of  fifty 
dollars  per  day,  which  may  be  recovered  in  a civil  suit  brought 
by  said  city  against  such  owner  or  operator  of  the  roads  of  the 
Cincinnati  Street  Railway  Company,  or  upon  conviction  in  the 
Police  Court  of  the  city  of  Cincinnati  the  owner  or  operator 
aforesaid  violating  the  provisions  of  the  first  section  of  this 
ordinance  shall  be  fined  in  any  sum  not  exceeding  fifty  dollars 
per  day  nor  less  than  twenty-five  dollars  per  day,  or  imprisoned, 
in  the  Workhouse  for  a term  not  to  exceed  thirty  days  nor  less 
than  ten  days,  or  both  ; and  each  day  said  cars  are  run  in 
violation  of  the  provisions  of  the  first  section  of  this  ordinance 
shall  constitute  a separate  and  distinct  offense. 

No.  1003.  Passed  November  15,  1895. 

To  require  the  various  street  railway  companies  operating-  within 
the  limits  of  the  City  of  Cincinnati  to  provide  all  cars  operated 
by  electricity  or  cable  with  suitable  fenders  for  the  protection 
of  life  and  limb. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati: 

SEC.  1.  That  within  ninety  days  after  the  passage  of  this 
ordinance  it  shall  be  unlawful  for  any  passenger  street  railway 
company  propelling  its  cars  by  electricity  or  cable  to  run  the 
same  through  the  streets  and  avenues  of  the  city  of  Cincinnati, 
unless  each  car  is  provided  with  a safety  guard  or  fender  of  the 
most  approved  and  successful  kind,  and  constructed  in  such  a 
way  as  to  protect  life  and  limb  of  any  person  who  may  came  in 
contact  with  said  car. 

SEC.  2.  The  owners  or  operators  of  said  street  railway  com- 
panies, in  case  of  the  neglect  or  refusal  of  said  companies  to 
comply  with  the  provisions  of  the  first  section  of  this  ordinance 


Ordinances  of  the  City  of  Cincinnati 


285 


within  the  specified  time,  shall  be  subject  to  a fine  of  ten  dollars 
per  day  fot  each  day  that  each  car  may  be  run  ; and  if  the 
violation  shall  continue  after  a period  of  thirty  days  shall  have 
elapsed  after  the  expiration  of  the  ninety  days’  limit,  an  addi- 
tional penalty  of  forty  dollars  per  car  per  day  shall  be  imposed. 
It  .shall  be  the  duty  of  the  police  department  to  see  that  the 
provisions  of  this  ordinance  are  enforced. 

No.  1071.  Passed  June  12,  1896. 

To  require  all  street  cars  owned  and  operated  within  the  City  of 
Cincinnati  to  be  equipped  with  illuminated  signs  designating  the 
route  over  which  the  said  cars  run. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati: 

SEC.  1.  That  all  street  cars  owned  and  operated  by  any 
street  railway  company  within  the  limits  of  the  city  of  Cincin- 
nati are  hereby  required  to  be  furnished  and  equipped  with 
an  illuminated  sign,  to  be  displayed  at  night,  designating,  in 
letters  of  a size  to  be  plainly  read  at  a distance  of  not  less  than 
one  hundred  feet,  the  route  over  which  said  cars  run. 

Sec.  2.  Any  conductor,  driver,  or  motorman  having  charge 
or  control  of  any  street  railway  car  upon  any  of  the  street 
railways  of  the  city  of  Cincinnati,  and  any  manager,  superin- 
tendent, or  president  of  any  street  railway  company  owning  a 
car  not  equipped  with  an  illuminated  sign  as  provided  in  this 
ordinance,  shall  upon  conviction  thereof  be  deemed  guilty  of  a 
misdemeanor,  and  fined  in  any  sum  not  less  than  ten  dollars 
nor  more  than  twenty-five  dollars ; and  each  time  such  car  is 
run  on  any  trip  within  the  city  shall  be  considered  a separate 
and  distinct  violation  of  this  ordinance,  and  a separate  and 
distinct  offense. 


286 


Ordinances  of  the  City  of  Cincinnati 


No.  108.  Passed  December  6,  1897. 

To  amend  Sections  1 and  2 of  an  ordinance  entitled  “An  ordinance 
to  provide  for  the  regulation  and  collection  of  all  moneys  payable 
to  the  city  by  street  railway  owners,”  passed  February  24,  1882.* 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincintiati : 

That  sections  1 and  2 of  an  ordinance  entitled  “An  ordi- 
nance to  provide  for  the  regulation  and  collection  of  all  moneys 
payable  to  the  city  by  street  railway  owners,”  passed  February 
24,  1882,  be  and  the  same  are  hereby  amended  so  as  to  read 
as  follows  : 

SEC.  1.  The  owners  of  street  railway  lines  who  are  required 
to  pay  money  into  the  city  treasury  by  the  terms  of  any  statute, 
ordinance,  or  contract  under  which  they  are  operating  such 
lines,  shall  pay  all  car  licenses  to  the  city  treasurer  upon  cer- 
tificate of  the  auditor,  stating  the  amount  of  money  required 
by  law  to  be  paid  therefor,  said  certificate  to  be  delivered  to 
the  treasurer,  who  shall  upon  receipt  of  the  money  stated 
therein  give  a certificate  of  payment,  stating  the  amount  of 
money  paid,  said  certificate  of  payment  to  be  presented  to  the 
auditor,  who  thereupon  shall  issue  his  receipt,  retaining  the 
treasurer’s  certificate  of  payment  as  his  voucher  therefor  ; and 
all  percentages  of  earnings  or  other  compensations  due  or  here- 
after to  become  due  to  the  city  of  Cincinnati  from  said  owners 
of  street  railways,  by  the  terms  of  any  statute,  ordinance,  or 
contract  under  which  they  are  operating  their  lines,  are  hereby 
required  to  be  paid  to  the  city  treasurer,  upon  certificate  from 
the  city  auditor,  in  the  same  manner  as  that  provided  for  the 
payment  of  car  licenses;  and  the  city  auditor  shall  keep  a book 
account  with  said  owners,  and  each  of  them,  which  at  all  proper 
times  shall  be  open  to  inspection  ; and  if  not  paid  as  required 
the  auditor  shall  notify  the  mayor  of  such  failure. 

SEC.  2.  The  auditor  shall  on  the  receipt  of  such  moneys 
place  all  street  car  licenses  to  the  credit  of  the  General  Fund, 
and  all  percentages  of  earnings  to  the  credit  of  the  Street 


*See  Coppock  and  Hertenstein,  page  542. 


Ordinances  of  the  City  of  Cincinnati 


287 


Railroad  Percentage  Fund,  to  be  used  by  the  Board  of  Admin- 
istration as  provided  in  Section  11  of  the  general  street  railway 
ordinance. 

No.  104.  Passed  December  6,  1897. 

To  amend  Section  11  of  an  ordinance  entitled  “An  ordinance  pro- 
viding- for  the  construction,  operation,  and  government  of  street 
railroads,”  passed  February  7,  1879.* 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati : 

That  Section  11  of  an  ordinance  entitled  “An  ordinance 
providing  for  the  construction,  operation,  and  government  of 
street  railroads,”  passed  February  7,  1879,  be  and  the  same  is 
hereby  amended  so  as  to  read  as  follows  : 

SEC.  11.  The  owner  of  each  street  railroad  shall  pay  into 
the  city  treasury  at  the  time  of  acceptance,  and  annually  there- 
after on  the  first  day  of  January,  in  advance,  for  and  upon  each 
and  every  car  run  by  such  owner,  the  sum  of  four  dollars  per 
lineal  foot  of  every  such  car,  inside  measurement,  and  such 
payment  shall  be  a condition  precedent  to  the  right  to  operate 
the  road  ; and  if  not  paid  within  ten  days  after  due,  the  mayor 
shall  have  the  right  summarily  to  stop  the  running  of  the  cars, 
and  in  the  event  of  such  stoppage  no  liability  for  damage  shall 
accrue ; and  in  addition  thereto  any  person  or  company  accept- 
ing hereunder  shall  pay,  under  the  same  condition  and  subject 
to  the  same  penalty,  into  the  city  treasury  quarterly,  on  the 
first  days  of  January,  April,  July,  and  October  of  each  year, 
five  per  cent  of  the  gross  earnings  from  every  source  of  such 
company  during  the  preceding  quarter,  to  be  applied  to  the 
cleaning  and  repair  of  the  streets  of  the  city  ; and  the  Board 
of  Administration,  Board  of  Legislation,  or  city  auditor  shall 
at  any  time  have  the  right  of  access  to  the  books  of  the  com- 
pany by  any  agent  they  or  he  may  designate  for  that  purpose, 
in  order  to  ascertain  the  amount  of  such  gross  earnings,  and  it 
shall  be  the  duty  of  the  city  auditor  to  make  such  examinations 


* See  Coppock  and  Hertenstein,  page  535. 


288 


Ordinances  of  the  City  of  Cincinnati 


for  investigations  in  the  months  of  January  and  July  of  each 
year,  in  order  to  ascertain  the  amount  of  such  gross  earnings, 
and  report  the  result  of  such  investigation  or  examination  to 
the  Board  of  Legislation. 

No.  850.  Passed  June  2,  1902. 

To  provide  against  the  obstruction  of  street  cars  in  transit,  and  for 
the  protection  of  passengers  and  operatives. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati: 

SEC.  1.  That  street  cars  carrying  passengers  only  shall  be 
entitled  to  the  right  of  way  over  their  respective  routes,  and  if 
any  person  shall  willfully  and  unnecessarily  obstruct  or  impede 
the  passage  of  such  street  cars  with  a vehicle,  vehicles,  or 
otherwise,  or  in  any  manner  molest  or  interfere  with  passengers 
or  operatives  while  in  transit,  such  person  shall  be  deemed 
guilty  of  a misdemeanor,  and  upon  conviction  thereof  by  the 
Police  Court  shall  be  fined  in  a sum  not  exceeding  fifty  dollars 
for  each  offense  and  the  costs  of  prosecution. 

No.  139.  Passed  September  14,  1903. 

To  substitute  one  per  cent  of  the  gross  receipts  of  the  Cincinnati 
Traction  Company  in  lieu  of  car-license  fees. 

Be  it  ordained  by  the  Council  of  the  City  of  Cincinnati , State  of  Ohio: 
SEC.  1.  That  said  city  hereby  agrees  with  the  Cincinnati 
Traction  Company,  a corporation  operating  the  street  railway 
routes  of  the  Cincinnati  Street  Railway  Company  in  said  city, 
that  in  lieu  of  car-license  fees  provided  for  and  exacted  under 
existing  grants  made  to  said  the  Cincinnati  Street  Railway 
Company  or  said  the  Cincinnati  Traction  Company,  or  both, 
there  be  hereafter  paid  quarterly  by  said  traction  company, 
commencing  with  the  quarter  beginning  on  the  first  day  of 
October,  1903,  and  thereafter,  during  the  life  of  said  grants,  an 
additional  percentage  upon  the  gross  receipts  of  said  company 
of  one  per  cent  per  annum  ; and  that  the  payment  of  car-license 
fees  as  heretofore  made  be,  after  the  substitution  of  said  addi- 
tional percentage  of  gross  receipts,  discontinued. 


Ordinances  of  the  City  of  Cincinnati 


289 


Sec.  2.  That  the  Cincinnati  Traction  Company  having 
paid  certain  sums  as  car-license  fees  in  advance  for  the  year 
1903,  so  much  of  said  sums  as  represents  three  fourths  of  the 
amount  of  car-license  fees  due  and  payable  for  the  year  1903 
be  received,  accepted,  and  credited  as  car -license  fees  for  nine 
months  of  said  year  under  existing  grants ; and  any  amounts 
in  addition  thereto  necessary  to  make  up  the  payment  of  three 
fourths  of  the  license  fees  for  the  year  1903  shall  be  paid  by 
the  traction  company  and  credited  as  such  license  fees ; that 
any  sums  paid  as  car-license  fees  in  addition  to  the  three  fourths 
due  and  payable  for  the  year  1903  shall  be  received,  accepted, 
and  credited  as  payment  of  the  additional  one  per  cent  of  gross 
receipts  for  the  months  of  October,  November,  and  December, 
1903  ; and  the  traction  company  shall  pay  to  the  city  whatever 
sum  may  be  necessary  in  addition  to  such  credits  to  equal  one 
per  cent  of  the  gross  receipts  for  the  quarter  ending  December 
31,  1903.  And  the  payment  of  three  fourths  of  the  license 
fees  for  the  year  1903,  and  of  the  additional  one  per  cent  upon 
the  gross  earnings  for  the  last  quarter  of  the  year  1903,  shall 
release  the  traction  company  from  the  payment  of  one  fourth  of 
the  license  fees  for  said  year. 

SEC.  3.  That  the  Cincinnati  Traction  Company  shall  cause 
to  be  dismissed  the  petition  in  error  filed  in  the  Supreme  Court 
of  Ohio,  in  the  case  of  the  Cincinnati  Street  Railway  Company 
v.  The  City  of  Cincinnati,  No.  7071  on  the  docket  of  said  court, 
and  shall  pay  to  the  city  the  judgment  rendered  in  the  case 
of  the  City  of  Cincinnati  v.  The  Cincinnati  Street  Railway 
Company,  No.  46,106  on  the  docket  of  the  Superior  Court  of 
Cincinnati,  with  interest  thereon  to  the  date  of  payment. 

Sec.  4.  This  ordinance  shall  take  effect  upon  the  consent 
thereto  of  the  mayor  of  the  city  of  Cincinnati  and  the  filing  of 
the  written  acceptance  thereof  with  the  clerk  of  this  Council 
by  said  the  Cincinnati  Traction  Company. 


290 


Ordinances  of  the  City  of  Cincinnati 


No.  191.  Passed  October  26,  1903. 

To  chang-e  the  Mulberry  Route  of  street  railways. 

Whereas , The  Cincinnati  Traction  Company  has  applied  to 
the  Council  of  the  city  of  Cincinnati  for  permission  to  change 
the  street  railway  route  in  said  city  known  as  the.  Mulberry 
Route;  and  whereas  the  Council  considers  said  change  advi- 
sable : Now,  therefore , be  it  ordained  by  the  Council  of  the  City 
of  Cincinnati , State  of  Ohio  : 

Sec.  1.  That  it  is  deemed  to  be  to  the  benefit,  convenience, 
and  advantage  of  the  public  that  the  street  railway  route  known 
as  the  Mulberry  Route  be  changed  so  that  the  cars  operated 
over  that  route  will  run  on  Main  Street  south  to  Fourth, 
Fourth  to  Walnut,  Walnut  to  Fifth,  and  Fifth  to  Main,  instead 
of  on  Main  to  Court,  Court  to  Walnut,  Walnut  to  Fifth,  and 
Fifth  to  Main,  and  Council  hereby  agrees  to  said  change  of 
route,  and  that  said  change  be  and  the  same  is  hereby  made. 

Sec.  2.  This  ordinance  shall  take  effect  upon  the  approval 
of  the  same  by  the  mayor  and  the  filing  of  the  acceptance 
thereof  by  the  Cincinnati  Traction  Company. 


LEASE  OF  CINCINNATI  STREET  RAILROADS 

Resolved , That  the  consent  of  the  City  of  Cin- 
cinnati IS  HEREBY  GIVEN  TO  THE  CINCINNATI  STREET 

Railway  Company  to  lease  its  road,  property,  rights, 

AND  FRANCHISES  TO  THE  CINCINNATI  TRACTION  COMPANY, 
AND  TO  THE  OPERATION  OF  THE  SAME  IN  ACCORDANCE  WITH 
A FORM  OF  LEASE  THIS  DAY  FILED  WITH  THE  CLERK  OF  THE 

Board  of  Public  Service  and  the  city  clerk.  Pro- 
vided, HOWEVER,  THAT  NOTHING  HEREIN  CONTAINED  SHALL 
OPERATE  TO  RELEASE  THE  CINCINNATI  STREET  RAILWAY 

Company  from  any  of  its  obligations  to  the  city. 

Adopted  by  Board  of  Legislation  February  /8,  igoi . 


Ordinances  of  the  City  of  Cincinnati 


291 


STEAM  RAILROADS. 

No.  4323.  Passed  January  29,  1890. 

To  provide  for  the  erection  of  safety  grates  at  Third  and  Eggleston 
Avenue  and  at  Fifth  and  Eggleston  Avenue. 

Be  it  ordained  by  the  Common  Council  of  Cincinnati : 

That  the  Little  Miami  Railroad  Company  shall,  for  the 
safety  of  vehicles  and  pedestrians  crossing  their  tracks,  erect 
safety  gates  at  the  following  points  : One  on  the  east  side  of 
Eggleston  Avenue  at  the  intersection  of  Third  Street ; one  on 
the  west  side  of  Eggleston  Avenue  at  the  intersection  of  Third 
Street ; one  on  the  east  side  of  Eggleston  Avenue  at  the  inter- 
section of  Fifth  Street ; and  one  on  the  west  side  of  Eggleston 
Avenue  at  the  intersection  of  Fifth  Street. 


No.  4357.  Passed  March  7,  1890. 

Authorizing-  the  Cincinnati,  Hamilton  & Dayton  Railroad  Company 
to  lay  tracks  across  Freeman  Street. 

Be  it  ordained  by  the  Common  Council  of  Cincinnati : 

SEC.  1.  That  permission  and  authority  are  hereby  granted 
to  the  Cincinnati,  Hamilton  & Dayton  Railroad  Company  to 
lay  five  tracks  for  railroad  purposes  across  Freeman  Street  at 
different  points,  as  indicated  on  the  plan  or  drawing  hereto 
attached,  between  George  Street  and  the  present  tracks  of  the 
said  Cincinnati,  Hamilton  & Dayton  Railroad  Company. 

SEC.  2.  Said  tracks  shall  be  constructed  under  the  direc- 
tion and  to  the  satisfaction  of  the  chief  engineer  of  the  Board 
of  Public  Affairs  of  the  said  city,  and  shall  be  so  constructed 
as  not  to  interfere  with  the  ordinary  use  or  drainage  of  the 
said  street. 

SEC.  3.  Safety  gates  shall  be  by  said  Cincinnati,  Hamilton 
& Dayton  Railroad  Company  erected  and  maintained  on  both 
sides  of  its  said  tracks  where  they  cross  Freeman  Street. 


292 


Ordinances  of  the  City  of  Cincinnati 


Sec.  4.  The  said  railroad  company  shall  lay  and  maintain 
between  the  rails  and  within  two  and  a half  inches  thereof,  for 
the  full  width  of  the  street-crossings,  a planking  of  sound  oak 
plank,  securely  spiked  to  the  crossties,  said  plank  to  be  of  the 
same  thickness  as  the  depth  of  the  rail,  so  that  the  surface 
of  the  planking  shall  be  flush  with  the  top  of  the  rail,  and  an 
oak  plank  not  less  than  four  inches  wide  and  of  the  same 
thickness  as  that  between  the  rails  shall  be  firmly  spiked  to 
the  crossties  against  the  outer  edge  of  both  rails  flush  with 
the  top  thereof  throughout  the  entire  length  of  the  street  occu- 
pied by  said  tracks.  The  railroad  company  shall  raise  or  lower 
their  tracks  at  their  own  expense  to  conform  with  any  change 
of  grade  that  may  be  made  in  said  street  at  said  point  where  it 
crosses  the  same. 

No.  4358.  Passed  March  26,  1890. 

To  require  the  Little  Miami  Railroad,  and  the  Pittsburg-,  Cincinnati 
& St.  Louis  Railway  Company,  its  lessee,  to  construct  and  main- 
tain a wall  or  iron  fence  between  its  tracks  and  the  street 
roadway  on  East  Front  Street. 

Be  it  ordained  by  the  Common  Council  of  Cincinnati : 

That  the  Little  Miami  Railroad,  and  the  Pittsburg,  Cincin- 
nati & St.  Louis  Railway  Company,  its  lessee,  be  required, 
within  sixty  days  from  the  passage  of  this  ordinance,  to  con- 
struct and  forever  maintain  a substantial  wall  or  iron  fence 
between  its  tracks  and  the  paved  street  along  the  line  of  the 
roadway  on  the  south  side  of  East  Front  Street,  from  Wash- 
ington Street  westwardly  to  a point  two  hundred  feet  east  of 
the  intersection  of  Pearl  and  Front  streets,  except  that  at  the 
intersection  of  Whittaker,  Collord,  and  Parsons  streets  gates 
shall  be  maintained  to  allow  for  the  passage  of  the  public  ; 
that  such  wall  or  fence,  as  may  be  decided  upon  by  the  Board 
of  Public  Affairs,  shall  be  constructed  under  the  direction  and 
to  the  satisfaction  of  the  city  engineer. 


Ordinances  of  the  City  of  Cincinnati 


293 


No.  19.  Passed  June  20,  1890. 

To  require  the  Cincinnati,  Hamilton  & Dayton  Railroad  Company 
to  keep  a watchman  during1  the  nig-ht  at  its  crossing-  at  Harrison 
Avenue  and  at  Queen-City  Avenue. 

Be  it  ordained  by  the  City  Council  of  Cincinnati : 

Sec.  1.  That  the  Cincinnati,  Hamilton  & Dayton  Railroad 
Company  shall  station  and  keep  during  the  night-time,  from 
6 o’clock  p.  m.  to  6 o’clock  A.  m.,  a watchman  at  the  point 
where  the  tracks  of  the  said  company  cross  Harrison  Avenue, 
and  that  the  said  company  shall  also  station  and  keep  a watch- 
man at  the  point  where  its  tracks  cross  Queen-City  Avenue. 

SEC.  2.  If  the  superintendent,  trainmaster,  or  transportation- 
master  of  the  aforesaid  company,  whose  duty  it  is  hereby  made 
to  see  that  a watchman  is  stationed  at  the  said  crossings,  shall 
fail  or  neglect  to  station  and  keep  a watchman  at  each  of  said 
crossings,  either  or  all  of  them  shall,  upon  conviction  in  the 
Police  Court,  be  fined  in  any  sum  not  less  than  ten  nor  more 
than  twenty-five  dollars  for  each  and  every  night  said  officers 
shall  so  fail. 

No.  73.  Passed  November  7,  1890. 

Authorizing-  the  S.  Obermayer  Foundry  Supply  Manufacturing-  Com- 
pany to  lay  a railroad  track  across  Evans  Street,  south  of  Eig-hth 
Street. 

Be  it  ordained  by  the  City  Council  of  Cincinnati: 

That  permission  be  and  the  same  is  hereby  granted  to  the 
S.  Obermayer  Foundry  Supply  Manufacturing  Company  to  lay 
a railroad  track  from  their  foundry,  on  the  west  side  of  Evans 
Street  south  of  Eighth,  across  Evans  Street  to  their  warehouse, 
on  the  east  side  of  said  Evans  Street,  subject  to  the  following 
terms  and  conditions  : 

1.  That  said  track  must  be  laid  under  the  direction  and 
supervision  of  the  chief  engineer  of  the  Board  of  Public  Im- 
provements. 

2.  That  said  company  shall  execute  a bond  to  the  city 
of  Cincinnati,  in  the  sum  of  ten  thousand  dollars,  to  save 


294 


Ordinances  of  the  City  of  Cincinnati 


the  city  harmless  from  any  damages  by  reason  of  the  lay- 
ing of  said  track  across  said  Evans  Street,  and  conditioned 
further  to  restore  the  said  street  to  its  present  condition, 
and  to  keep  the  said  street  in  good  order  of  repair  between 
said  tracks. 

3.  The  said  track  shall  be  subject  to  removal  at  any  time 
by  order  of  the  Board  of  Public  Improvements  or  of  the  City 
Council,  and  the  said  the  S.  Obermayer  Foundry  Supply  Manu- 
facturing Company,  within  two  weeks  after  receiving  notice  so 
to  do  from  the  said  Board  of  Public  Improvements  or  of  the 
City  Council,  shall  remove  said  track  from  said  street  and 
restore  the  said  street  to  good  repair,  or  the  city  may  remove 
the  track  at  the  expense  of  said  company. 

No.  97.  Passed  January  2,  1891. 

Authorizing-  the  Hall’s  Safe  and  Lock  Company  to  lay  a railroad 
track  across  Central  Avenue,  between  Pearl  and  Second  streets. 

Be  it  ordained  by  the  City  Council  of  Cincinnati: 

9 

Sec.  1.  That  permission  be  and  the  same  is  hereby  granted 
to  the  Hall’s  Safe  and  Lock  Company  to  lay  a railroad  track 
of  standard  gauge  from  their  property,  lying  on  the  east  side 
of  Central  Avenue  between  Pearl  and  Second  streets,  across 
Central  Avenue,  and  connecting  with  the  tracks  of  the  Cleve- 
land, Cincinnati,  Chicago  & St.  Louis  Railway  and  the  Balti- 
more & Ohio  Southwestern  Railway,  whose  tracks  abut  on 
the  extreme  western  line  of  Central  Avenue,  subject  to  the 
following  terms  and  conditions  : 

1.  Said  tracks  shall  conform  to  the  grade  of  the  street,  and 
said  company  shall  immediately  after  laying  the  tracks  restore 
the  street  where  disturbed  by  them  to  its  present  good  condi- 
tion ; shall  keep  that  portion  of  the  street  lying  between  the 
rails  of  the  track  and  one  foot  outside  of  each  of  the  rails 
thereof  in  good  repair,  and  maintain  all  necessary  crossings 
of  gutters  under  said  track  ; and  if  said  company  shall  remove 
said  track  from  said  street,  it  shall  restore  the  street  to  perfect 
repair  and  good  condition. 


Ordinances  of  the  City  of  Cincinnati 


295 


2.  Said  company  shall  lay  said  track  in  such  manner  that 
wagons  and  other  vehicles  may  conveniently  cross  same,  and 
in  case  of  any  change  of  grade  in  said  street  where  such  track 
is  laid  said  company  shall  immediately  relay  its  track  to  con- 
form with  the  grade  as  changed  at  its  own  expense. 

3.  Said  track  shall  be  subject  to  removal  at  any  time  by 
order  of  the  Board  of  City  Affairs  or  of  the  City  Council,  and 
the  said  the  Hall’s  Safe  and  Cock  Company  shall  within  two 
weeks  after  receiving  notice  so  to  do  from  the  Board  of  City 
Affairs  or  the  City  Council  remove  said  track  from  said  street, 
and  restore  said  street  to  good  repair,  and  in  the  event  of  failure 
so  to  do  the  city  may  remove  the  track  at  the  expense  of  said 
company. 

4.  Said  company  shall  execute  a bond  to  the  city  of  Cin- 
cinnati, in  the  sum  of  ten  thousand  dollars,  to  save  the  city 
harmless  from  any  and  all  claims  for  damages  that  may  accrue 
and  be  lawfully  established  by  reason  of  the  laying  of  said  track 
across  said  Central  Avenue,  and  for  its  faithful  compliance  with 
all  and  singular  the  provisions  of  this  ordinance. 

5.  Said  company  shall  not  be  allowed  to  run  any  cars  over 
the  track  herein  granted  between  the  hours  of  5 A.  m.  and 
10  p.  m.,  nor  shall  it  be  allowed  to  obstruct  said  Central  Avenue 
longer  than  three  minutes  at  any  one  time. 

6.  That  said  track  shall  be  laid  under  the  direction  and 
supervision  and  to  the  satisfaction  of  the  Board  of  City  Affairs 
and  its  chief  engineer. 

7.  Said  company  may  use  horses  or  mules  in  the  transpor- 
tation of  cars  across  said  Central  Avenue,  but  no  locomotives 
will  be  permitted  to  run  upon  or  over  said  avenue. 

No.  154.  Passed  March  26,  1891. 

Authorizing-  the  Lane  & Bodley  Company  to  lay  railroad  tracks  in 
John  Street,  south  of  Water  Street. 

Be  it  ordained  by  the  City  Council  of  Cincinnati : 

Sec.  1.  That  permission  be  and  the  same  is  hereby  granted 
to  the  L,ane  & Bodley  Company  to  lay,  as  shown  by  the  attached 


296 


Ordinances  of  the  City  of  Cincinnati 


drawing,  railroad  tracks  of  the  standard  gauge  from  their  prop- 
erty, lying  on  the  east  side  of  John  Street,  and  extending  from 
Water  Street  to  the  Ohio  River,  and  connecting  with  the  tracks 
of  the  Pittsburg,  Cincinnati,  Chicago  & St.  Louis  Railroad 
Company  now  laid  in  John  Street,  subject  to  the  following 
terms  and  conditions  : 

1.  The  tracks  hereby  authorized  shall  conform  to  the  present 
surface  of  that  portion  of  John  Street  in  which  they  are  laid. 

2.  The  Lane  & Bodley  Company  shall  lay  and  maintain 
said  tracks  in  such  manner  that  wagons  and  other  vehicles  may 
conveniently  cross  them,  and  that  the  drainage  shall  in  no  way 
be  interfered  with  ; and  in  case  of  John  Street  being  improved 
to  legal  grade,  then  the  Lane  & Bodley  Company  shall  imme- 
diately, at  its  own  expense,  relay  its  tracks  should  they  not  then 
conform  to  the  legal  grade. 

3.  Said  tracks  shall  be  subject  to  removal  at  any  time  by 
order  of  the  Board  of  Public  Improvements  or  of  the  City 
Council,  and  the  said  the  Lane  & Bodley  Company  shall  within 
two  weeks  after  receiving  notice  so  to  do  from  the  Board  of 
Public  Improvements  or  of  the  City  Council  remove  said  tracks 
from  said  street,  and  restore  said  street  to  good  repair,  and  in 
event  of  failure  so  to  do  the  city  may  remove  the  tracks  at  the 
expense  of  said  company. 

4.  Said  company  shall  execute  a bond  to  the  city  of  Cin- 
cinnati, in  the  sum  of  five  thousand  dollars,  to  save  the  city 
harmless  from  any  and  all  claims  from  damage  that  may  accrue 
and  be  lawfully  established  by  reason  of  the  laying  of  said 
tracks  in  John  Street,  and  for  its  faithful  compliance  with  all 
and  singular  the  provisions  of  this  ordinance. 

5.  Cars  may  be  operated  over  said  tracks  subject  to  all  the 
provisions  of  the  ordinance  regulating  the  operation  of  cars  on 
the  Front-street  connection  track. 

6.  That  said  tracks  shall  be  laid  under  the  direction  and 
supervision  and  to  the  satisfaction  of  the  Board  of  Public  Im- 
provements and  its  engineer. 


Ordinances  of  the  City  of  Cincinnati 


297 


No.  285.  Passed  June  17,  1892. 

To  provide  against  and  prevent  and  prescribe  the  penalty  for  the 
obstruction,  use,  or  occupancy  of  Eastern  Avenue  at  Rookwood 
or  Delta  by  locomotives,  cars,  or  trains,  etc. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati : 

SEC.  1.  That  it  shall  be  unlawful  to  use  or  occupy  Eastern 
Avenue  at  Rookwood  or  Delta  with  any  locomotive,  car,  cars, 
or  train  by  any  railroad  company,  companies,  superintendent, 
agent,  or  other  employee  thereof,  either  directly  or  indirectly, 
by  permitting  or  suffering  such  locomotive,  car,  cars,  or  train 
to  remain  upon  or  across  such  street  or  public  highway,  or  any 
part  thereof,  or  by  coupling,  switching,  or  shifting  of  loco- 
motives, cars,  or  trains,  or  the  making  up  of  trains  upon  or 
across  such  street  or  public  highway  or  any  part  thereof,  or  by 
moving  or  stopping  of  trains  upon  or  across  the  same,  for  a 
period  longer  than  two  minutes  at  one  time  ; and  the  use  and 
occupancy  of  such  street  or  public  highway  by  any  railroad 
company,  companies,  superintendent,  agent,  or  other  employee 
thereof,  either  directly  or  indirectly,  for  a period  of  ten  minutes 
after  the  same  has  been  once  so  obstructed,  used,  or  occupied 
for  said  period  of  two  minutes,  so  as  to  give  and  guarantee  to 
the  public  the  exclusive  use  of  such  street  or  highway  for  ten 
minutes  thereafter,  is  hereby  prevented,  forbidden,  and  declared 
to  be  unlawful ; and  any  railroad  company  or  companies  so  using 
such  street  or  public  highway  for  said  period  of  two  minutes 
shall  provide  and  maintain  suitable  bars  or  gates  and  watchmen 
at  such  streets  or  crossings  to  secure  and  warn  the  public  against 
the  danger  attending  such  use. 

Sec.  2.  It  is  further  provided  that  to  carry  into  force  and 
effect  the  provisions  of  this  ordinance  the  penalty  for  any  such 
violation  thereof  shall  be  a fine  not  to  exceed  fifty  dollars  for 
each  offense,  or  imprisonment  not  to  exceed  thirty  days,  or 
both  fine  and  imprisonment  for  each  and  every  repeated  violation 
thereof  after  the  first  offense. 

Sec.  3.  It  is  provided  further  that  nothing  herein  shall 
be  so  construed  as  to  affect  or  interfere  with  the  arrival  and 


298 


Ordinances  of  the  City  of  Cincinnati 


departure  of  regular  railroad  trains  moving  on  or  across  such 
street  or  public  highway,  without  stopping,  at  a rate  of  speed 
not  exceeding  six  miles  per  hour. 

No.  95.  Passed  September  4,  1891. 

To  grant  permission  to  the  Cincinnati,  Hamilton  & Dayton  Railroad 
Company  to  construct  and  operate  a railroad  track  of  the  standard 
gauge  across  Evans  Street,  between  Sixth  Street  and  High  Street. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati: 

SEC.  1.  That  permission  be  and  the  same  is  hereby  granted 
to  the  Cincinnati,  Hamilton  & Dayton  Railroad  Company  to 
construct  and  operate  a railroad  track  of  the  standard  gauge 
across  Evans  Street,  between  Sixth  and  High  streets,  as  per 
attached  drawings,  subject  to  the  following  conditions  : 

First — The  track  hereby  authorized  shall  conform  to  the 
present  surface  of  that  portion  of  Evans  Street  in  which  it 
is  laid. 

Second — The  Cincinnati,  Hamilton  & Dayton  Railroad  Com- 
pany shall  lay  and  maintain  said  track  in  such  manner  that 
wagons  and  other  vehicles  may  conveniently  cross  over  it,  and 
that  the  drainage  shall  in  no  way  be  interfered  with. 

Third — That  said  track  shall  be  laid  under  the  direction 
and  supervision  and  to  the  satisfaction  of  the  chief  engineer 
of  the  Board  of  Administration. 

No.  146.  Passed  December  4,  1891. 

To  require  the  Cincinnati,  New  Orleans  & Texas  Pacific  Railway 
Company  to  keep  a watchman  at  all  times  at  its  crossing  at 
Liberty  Street  and  McLean  Avenue. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati : 

Sec.  1.  That  the  Cincinnati,  New  Orleans  & Texas  Pacific 
Railway  Company  shall  station  at  all  times  a watchman  at  the 
point  where  the  tracks  of  the  said  company  cross  Liberty  Street 
and  McLean  Avenue. 

SEC.  2.  If  the  superintendent,  trainmaster,  or  transportation- 
master,  whose  duty  it  is  hereby  made  to  see  that  a watchman  is 


Ordinances  of  the  City  of  Cincinnati 


299 


stationed  at  the  said  crossing,  shall  fail  or  neglect  to  station 
and  keep  a watchman  at  said  crossings,  either  or  all  of  them 
shall,  upon  conviction  in  the  Police  Court,  be  fined  in  any  sum 
not  less  than  ten  nor  more  than  twenty-five  dollars  for  each 
and  every  time  said  officer  shall  so  fail. 

No.  209.  Passed  March  4,  1892* 

To  require  the  Cincinnati  & Westwood  Narrow-gauge  Railroad  Com- 
pany to  place  watchmen  and  erect  safety  gates  at  the  crossing  at 
Harrison  Avenue. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati: 

Sec.  1.  That  the  Cincinnati  & Westwood  Narrow-gauge 
Railroad  Company  be  and  is  hereby  required  to  place  watchmen 
and  erect  safety  gates  at  the  crossing  at  Harrison  Avenue,  and 
upon  the  failure  of  said  company  to  have  and  keep  watchmen 
and  to  erect  safety  gates  at  said  crossing  said  company  shall 
be  fined  in  any  sum  not  exceeding  fifty  dollars  for  each  and 
every  day  when  said  railroad  is  in  operation  without  watchmen 
and  safety  gates. 

No.  284.  Passed  June  17,  1892. 

To  require  the  Cincinnati  & Westwood  Railroad  Company  to  place 
and  maintain  safety  gates  and  a watchman  at  the  point  where 
its  tracks  cross  Harrison  Avenue. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati: 

Sec.  1.  That  the  Cincinnati  & Westwood  Railroad  Com- 
pany be  and  it  is  hereby  required  to  construct  and  maintain 
safety  gates  at  the  intersection  of  its  railroad  tracks  with 
Harrison  Avenue,  and  to  place  and  maintain  a watchman  at 
said  crossing. 

Sec.  2.  That  any  officer,  agent,  or  employee  or  servant  of 
said  Cincinnati  & Westwood  Railroad  Company  who  crosses 
said  Harrison  Avenue  with  a railroad  locomotive  or  car  with- 
out such  safety  gates  being  at  said  crossing,  and  without  there 


* Void  by  misnomer  and  misapplication  of  penalty. 


300 


Ordinances  of  the  City  of  Cincinnati 


being  a watchman  at  said  crossing,  shall  be  deemed  guilty  of  a 
misdemeanor,  and  shall  be  subject  to  a fine  of  not  more  than 
fifty  dollars  or  imprisonment  in  the  City  Workhouse  for  not 
more  than  thirty  days,  or  both  fine  and  imprisonment ; and 
each  and  every  crossing  of  said  Harrison  Avenue  upon  the 
tracks  of  said  company  with  a locomotive  engine  or  railroad 
car  shall  be  deemed  a separate  offense. 

NO.  298.  Passed  July  1,  1892. 

To  require  the  Cincinnati,  New  Orleans  & Texas  Pacific  Railroad 
Company  to  place  watchmen  and  erect  safety  gates  at  the  inter- 
section of  McLean  Avenue  and  Liberty  Street. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati : 

SEC.  1.  That  it  shall  be  and  it  is  hereby  made  the  duty  of 
the  Cincinnati,  New  Orleans  & Texas  Pacific  Railroad  Company 
to  place  watchmen  and  erect  safety  gates  at  the  intersection  of 
McLean  Avenue  and  Liberty  Street. 

Sec.  2.  That  the  safety  gates  required  by  Section  1 of  this 
ordinance  shall  be  so  erected  within  thirty  days  after  the  taking 
effect  of  this  ordinance,  and  upon  a failure  to  so  erect  any  such 
gates  the  Board  of  Administration,  at  the  expense  of  said  com- 
pany, shall  cause  the  same  to  be  erected. 

Sec.  3.  That  each  of  such  gates  shall  be  in  charge  of  a 
competent  person  employed  by  the  railroad  company,  who 
shall  keep  such  gate  closed  while  any  steam -cars  are  occupy- 
ing or  crossing  said  street,  and  who  shall  prevent  such  gate 
at  any  time  remaining  closed  for  a period  longer  than  five 
minutes. 

Sec.  4.  Any  violation  of  Section  3 of  this  ordinance  shall 
be  deemed  a misdemeanor,  and  any  employee  in  charge  of  such 
gate  offending  against  its  provisions  shall  be  fined  in  a sum  not 
less  than  five  dollars  for  each  and  every  offense. 


Ordinances  of  the  City  of  Cincinnati 


301 


NO.  488.  Passed  March  24,  1893. 

Authorizing-  the  Superior  Wall  Plastering-  and  Manufacturing-  Com- 
pany to  lay  a track  in  McLean  Avenue,  south  of  Gest  Street. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati : 

SEC.  1.  That  permission  be  and  the  same  is  hereby  granted 
to  the  Superior  Wall  Plastering  and  Manufacturing  Company 
to  lay,  as  shown  by  the  attached  plat,  a railroad  track  of  the 
standard  gauge  from  their  property,  situated  on  the  west  side 
of  McLean  Avenue,  south  of  Court  Street,  to  a point  fifty  feet, 
more  or  less,  south  of  Gest  Street,  and  connecting  with  the 
tracks  of  the  Cincinnati  Southern  Railway  in  McLean  Avenue, 
subject  to  the  following  terms  and  conditions  : 

First — The  tracks  hereby  authorized  shall  conform  to  the 
present  surface  of  that  portion  of  McLean  Avenue  in  which 
they  are  laid. 

Second — The  Superior  Wall  Plastering  and  Manufacturing 
Company  shall  lay  and  maintain  such  tracks  in  such  manner 
that  wagons  and  other  vehicles  may  conveniently  cross  them, 
and  that  the  drainage  shall  in  no  way  be  interfered  with. 

Third — Said  tracks  shall  be  subject  to  removal  at  any  time 
by  order  of  the  Board  of  Administration  or  of  the  Board  of 
Legislation,  and  the  said  the  Superior  Wall  Plastering  and 
Manufacturing  Company  shall,  within  two  weeks  after  receiv- 
ing notice  so  to  do  from  the  Board  of  Administration  or  the 
Board  of  Legislation,  remove  said  tracks  from  said  avenue,  and 
restore  said  avenue  to  good  repair,  and  in  the  event  of  a failure 
so  to  do  the  city  may  remove  the  tracks  at  the  expense  of  said 
company. 

Fourth — Said  company  shall  execute  a bond  to  the  city  of 
Cincinnati,  in  the  sum  of  five  thousand  dollars,  to  save  the  city 
harmless  from  any  and  all  claims  from  damage  that  may  accrue 
and  be  lawfully  established  by  reason  of  the  laying  of  said 
tracks,  and  for  its  faithful  compliance  with  all  and  singular 
the  provisions  of  this  ordinance. 

Fifth — That  said  tracks  shall  be  laid  under  the  direction  and 
supervision  of  the  Board  of  Administration  and  its  engineer. 


302 


Ordinances  of  the  City  of  Cincinnati 


No.  490.  Passed  March  31,  1893. 

Authorizing-  the  John  B.  Morris  Foundry  Company  to  lay  a railroad 
track  across  New  Court  Street,  between  McLean  Avenue  and 
Harriet  Street. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati: 

SEC.  1.  That  permission  be  and  the  same  is  hereby  granted 
to  the  John  B.  Morris  Foundry  Company  to  lay  a railroad  track 
of  standard  gauge  from  their  property,  lying  on  the  south  side 
of  New  Court  Street,  between  Harriet  and  McLean  Avenue, 
and  connecting  with  the  tracks  of  the  Cincinnati,  New  Orleans 
& Texas  Pacific  Railway,  whose  tracks  abut  on  New  Court 
Street,  subject  to  the  following  terms  and  conditions  : 

First — Said  tracks  shall  conform  to  the  grade  of  the  street, 
and  said  company  shall  immediately  after  laying  the  track 
restore  the  street  where  disturbed  by  them  to  its  present  good 
condition  ; shall  keep  that  portion  of  the  street  lying  between 
the  rails  of  the  track  and  one  foot  outside  of  each  of  the  rails 
thereof  in  good  repair,  and  maintain  all  necessary  crossings 
of  gutters  under  said  track  ; and  if  said  company  shall  remove 
said  track  from  said  street  it  shall  restore  said  street  to  perfect 
repair  and  good  condition. 

Second — Said  company  shall  lay  said  track  in  such  manner 
that  wagons  and  other  vehicles  may  conveniently  cross  same, 
and  in  case  of  any  change  of  grade  in  said  street  where  such 
tracks  are  laid  said  company  shall  immediately  relay  the  tracks, 
to  conform  to  the  grade  as  changed,  at  its  own  expense. 

Third — Said  track  shall  be  subject  to  removal  at  any  time 
by  order  of  the  Board  of  Administration  or  of  the  Board  of 
Legislation,  and  the  said  the  John  B.  Morris  Foundry  Com- 
pany shall  within  two  weeks  after  receiving  notice  so  to  do 
from  the  Board  of  Administration  or  the  Board  of  Legislation 
remove  said  track  from  said  street,  and  restore  said  street  to 
good  repair,  and  in  event  of  failure  so  to  do  the  city  may  remove 
said  track  at  the  expense  of  said  company. 

Fourth — Said  company  shall  execute  a bond  to  the  city  of 
Cincinnati,  in  the  sum  of  ten  thousand  dollars,  to  save  the  city 


Ordinances  of  the  City  of  Cincinnati 


303 


harmless  from  any  and  all  claims  for  damages  that  may  accrue 
and  be  lawfully  established  by  reason  of  the  laying  of  said  track 
across  New  Court  Street,  and  for  the  faithful  compliance  with 
all  and  singular  the  provisions  of  this  ordinance. 

Fifth — Said  company  shall  not  be  allowed  to  run  any  cars 
over  the  track  herein  granted  between  the  hours  of  5 A.  m.  and 
10  p.  M.,  nor  shall  it  be  allowed  to  obstruct  New  Court  Street 
longer  than  three  minutes  at  any  one  time. 

Sixth — The  said  track  shall  be  laid  under  the  direction, 
supervision,  and  to  the  satisfaction  of  the  Board  of  Adminis- 
tration and  its  engineer. 

Seventh- — Said  company  may  use  horses  or  mules  in  the 
transportation  of  cars  across  said  New  Court  Street,  but  no 
locomotive  will  be  permitted  to  run  upon  or  over  said  avenue. 

No.  539.  Passed  June  9,  1893. 

To  authorize  the  Cleveland,  Cincinnati,  Chicago  & St.  Louis  Rail- 
way Company  to  lay  a railroad  track  to  cross  Sixth  Street,  west 
of  Carr  Street. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati: 

Sec.  1.  That  permission  be  and  the  same  is  hereby  granted 
to  the  Cleveland,  Cincinnati,  Chicago  & St.  Louis  Railway 
Company  to  lay  a railroad  track  of  standard  gauge  from  their 
yards  on  the  north  side  of  Sixth  Street,  west  of  Carr  Street, 
across  said  Sixth  Street  to  the  south  side  of  said  Sixth  Street, 
and  into  the  building  now  situated  on  the  lot  at  the  southwest 
corner  of  Sixth  and  Carr  streets,  subject  to  the  following  terms 
and  conditions  : 

First — Said  tracks  shall  conform  to  the  grade  of  the  street, 
and  said  company  shall  immediately  after  laying  the  track  re- 
store the  streets  where  disturbed  by  them  to  its  present  good 
condition,  and  shall  keep  that  portion  of  the  street  lying 
between  the  rails  of  the  track  and  one  foot  outside  of  each 
of  the  rails  thereof  in  good  repair,  and  maintain  all  necessary 
crossings  or  gutters  under  said  track  ; and  if  said  company 
shall  remove  said  track  from  said  street,  it  shall  restore  said 


304 


Ordinances  of  the  City  of  Cincinnati 


street  to  good  repair  and  perfect  condition  ; and  all  work  done 
on  said  street  in  connection  with  said  tracks  to  be  done  under 
the  direction  and  supervision  of  the  chief  engineer  of  the  Board 
of  Administration  and  at  the  expense  of  the  said  company. 

Second — Said  company  shall  lay  said  track  in  such  manner 
that  wagons  and  other  vehicles  may  conveniently  cross  same ; 
and  in  case  of  any  change  of  grade  in  said  street  where  such 
tracks  are  laid  said  company  shall  immediately  lay  the  tracks 
to  conform  to  the  grade  as  changed  at  its  own  expense. 

Third — Said  tracks  shall  be  subject  to  removal  at  any  time 
by  order  of  the  Board  of  Administration  or  Board  of  Legisla- 
tion, and  after  two  weeks’  notice  to  so  remove  said  tracks  from 
said  street,  and  to  restore  the  said  street  to  good  repair,  the  city 
may  remove  said  track  and  restore  said  street,  upon  the  failure 
of  said  company  so  to  do,  at  the  expense  of  said  company. 

Fourth — Said  company  shall  execute  a bond  to  the  city  of 
Cincinnati,  in  the  sum  of  three  thousand  dollars,  to  save  the  city 
harmless  from  any  and  all  claims  for  damages  that  may  accrue 
and  be  lawfully  established  by  reason  of  the  laying  of  said 
tracks  across  said  Sixth  Street,  and  for  the  faithful  compliance 
with  all  and  singular  the  provisions  of  this  ordinance. 

Fifth — Said  company  shall  not  be  allowed  to  run  any  cars 
over  the  track  herein  granted  between  the  hours  of  5 A.  m.  and 
10  p.  M.,  nor  shall  it  be  allowed  to  obstruct  said  Sixth  Street 
longer  than  three  minutes  at  any  one  time  ; and  that  engines 
are  not  to  cross  said  Sixth  Street  at  any  time. 


No.  618.  Passed  August  25,  1893. 

To  require  the  Cincinnati  & Westwood  Railroad  Company  to  place 
and  maintain  safety  gates  and  a watchman  at  the  point  where 
its  tracks  cross  Beekman  Street. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati ; 

Sec.  1.  That  the  Cincinnati  & Westwood  Railroad  Com- 
pany be  and  it  is  hereby  required  to  construct  and  maintain 
safety  gates  at  the  intersection  of  its  railroad  tracks  with 


Ordinances  of  the  City  of  Cincinnati 


305 


Beekman  Street,  and  to  place  and  maintain  a watchman  at 
said  crossing. 

SEC.  2.  That  any  officer,  agent,  or  employee  or  servant  of 
said  Cincinnati  & Westwood  Railroad  Company  who  crosses 
said  Beekman  Street  with  a railroad  locomotive  or  car  without 
such  safety  gates  being  at  said  crossing,  and  without  there 
being  a watchman  at  said  crossing,  shall  be  deemed  guilty  of 
a misdemeanor,  and  shall  be  subject  to  a fine  of  not  more  than 
fifty  dollars  or  imprisonment  in  the  City  Workhouse  for  not 
more  than  thirty  days,  or  both  fine  and  imprisonment ; and 
each  and  every  crossing  of  said  Beekman  Street  upon  the  tracks 
of  said  company  with  a locomotive  engine  or  railroad  car  shall 
be  deemed  a separate  offense. 

No.  656.  Passed  October  13,  1893. 

To  authorize  the  Kineon  Coal  Company  to  use  and  occupy  Smith 
Street,  from  a certain  point  south  of  Aug-usta  Street  to  the  Ohio 
River,  with  an  elevated  double  track. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati: 

Sec.  1.  Permissioji  given  to  use  Smith  Street — That  whereas 
the  Kineon  Coal  Company  is  the  owner  or  lessee  of  certain  coal- 
yards at  the  southwest  corner  of  Smith  and  Water  streets,  and 
wishes  to  erect  coal-bins  thereon,  and  to  connect  said  coal-bins 
by  an  elevated  double  track  road  with  the  elevated  tracks  of 
the  Covington  & Cincinnati  Elevated  Railroad  and  Transfer 
and  Bridge  Company ; and  whereas  said  Kineon  Coal  Company 
has  obtained  and  produced  to  the  Board  of  Legislation  the 
written  consents  of  a majority  of  the  property-owners  on  the 
line  of  said  proposed  elevated  double  tracks  represented  by  the 
feet  front  of  lots  abutting  on  said  Smith  Street  along  which 
said  tracks  are  proposed  to  be  constructed,  said  property-holders 
being  also  the  holders  of  more  than  one  half  of  the  feet  front 
of  the  lots  and  lands  abutting  on  said  portion  of  Smith  Street, 
it  being  found  and  declared  to  be  true  that  such  consents  have 
been  produced  as  aforesaid : Now,  therefore,  the  said  the  Kineon 
Coal  Company  is  hereby  granted  permission  to  use  and  occupy 


306 


Ordinances  of  the  City  of  Cincinnati 


Smith  Street,  from  a point  at  or  near  the  south  line  of  Augusta 
Street  southwardly  to  the  Ohio  River,  with  an  elevated  double 
track  of  standard  gauge,  said  elevated  double  track  to  be  used 
for  transportation  of  cars  by  steam  locomotives  to  said  property 
of  the  said  the  Kineon  Coal  Company. 

Sec.  2.  The  said  elevated  double  track  to  be  so  constructed 
as  not  to  interfere  with  the  free  use  of  Smith  Street,  and  to 
be  constructed  according  to  plans  and  specifications  on  file 
in  the  office  of  the  Board  of  Administration  of  the  city  of 
Cincinnati. 

Sec.  3.  The  said  company  shall  save  the  city  harmless 
from  any  damages  for  which  it  may  be  liable  for  any  injury 
to  persons  or  property  on  account  of  the  grant  made  under 
this  ordinance. 

No.  966.  Passed  August  9,  1895. 

Granting  the  Pittsburg,  Cincinnati,  Chicago  & St.  Louis  Railway 
Company  permission  to  lay  a single  track  in  Vine  Street,  south 
of  Front  Street. 

Be  it  or  darned  by  the  Board  of  Legislation  of  Cincinnati : 

That  there  is  hereby  granted  to  the  Pittsburg,  Cincinnati, 
Chicago  & St.  Louis  Railway  Company  permission  to  lay  down 
a single  track  or  switch  of  their  road  as  follows,  to-wit : Be- 
ginning at  a point  in  the  Front-street  track  of  the  Cincinnati 
Street  Connection  Railway,  said  point  being  one  hundred  and 
twelve  feet  west  of  the  east  line  of  Vine  Street;  thence  by  such 
a curve  as  is  practicable  to  a point  on  the  east  side  of  Vine 
Street  forty-four  feet  south  of  the  south  line  of  Front  Street 
and  six  feet  west  of  the  east  curb-line  of  Vine  Street,  measured 
from  said  east  curb-line  to  the  center  line  of  said  track  ; thence 
parallel  with  said  east  curb -line  to  a point  one  hundred  and 
twenty -three  feet  south  of  the  south  line  of  Water  Street; 
thence  by  such  a curve  as  is  practicable  to  the  east  line  of  the 
leasehold  held  by  the  Hinsch  Coal  and  Coke  Company  from  the 
Wiggins  estate,  with  necessary  turnout  connecting  the  Water- 
street  track,  upon  the  following  terms  and  conditions  : 


Ordinances  of  the  City  of  Cincinnati  307 

First — The  portion  of  the  pavement  necessary  to  be  taken 
np  to  place  the  roads  thereon  to  be  carefully  put  down  again. 
The  gutters  at  the  intersections  of  the  several  streets  to  be 
covered  with  iron  gutter  - plates,  to  be  laid  down  in  such  a 
manner  as  to  allow  the  surface-water  to  pass. freely  under  them. 
The  work  to  be  done  under  the  direction  of  the  Board  of  Ad- 
ministration and  the  engineer  of  the  Board  of  Administration. 
The  costs  of  relaying  such  pavement  and  gutters  are  to  be  paid 
by  the  said  Pittsburg,  Cincinnati,  Chicago  & St.  Louis  Railway 
Company. 

Second — Said  Pittsburg,  Cincinnati,  Chicago  & St.  Louis 
Railway  Company  to  pay  all  damages  that  may  result  to  prop- 
erty in  any  way  by  their  occupancy  of  said  street,  and  in  no 
case  shall  any  change  of  grade  be  made  without  the  consent 
of  the  Board  of  Legislation. 

Third — The  rail  used  to  be  of  the  most  improved  kind,  and 
to  be  put  down  in  such  a manner  as  to  leave  the  surface  of  the 
street  as  near  level  as  possible,  so  as  to  offer  as  little  obstruction 
to  vehicles  passing  over  and  along  the  street  as  the  nature  of 
the  improvement  will  admit.  The  pattern  and  style  of  the  rail 
to  be  submitted  to  the  Board  of  Administration  and  the  engineer 
of  the  Board  of  Administration,  and  to  be  approved  by  them 
before  being  placed  on  the  streets. 

Fourth — The  city  to  have  the  right  of  allowing  any  present 
or  future  railway  company  to  use  said  track  in  passing  their 
cars  through  the  city  upon  such  terms  as  may  be  agreed  upon 
between  such  railroad  companies  and  the  Board  of  Legislation 
or  its  successors  ; and  should  any  question  arise  between  the 
above-named  company  and  any  other  company  or  companies 
with  which  the  Board  of  Legislation  or  its  successors  may  have 
entered  into  an  agreement  for  privilege  to  use  said  track,  then 
the  Board  of  Legislation  or  its  successors  to  be  the  umpire  to 
decide  between  them,  from  whose  decision  there  shall  be  no 
appeal . 

Fifth — The  hours  which  said  track  may  be  used  for  the 
transfer  of  freight  and  passengers  shall  be  from  6 o’clock  p.  m. 


308 


Ordinances  of  the  City  of  Cincinnati 


to  6 o’clock  a.  m.,  and  no  cars  to  be  drawn  on  the  track 
at  any  other  hours.  The  companies  to  have  the  privilege 
of'  using  steam-  or  horse -power,  as  they  in  their  judgment 
think  best ; subject,  however,  to  the  approval  of  the  Board 
of  Legislation  and  its  successors.  But  in  no  case  shall  cars 
be  drawn  through  the  city  at  a greater  speed  than  six  miles 
per  hour. 

Sixth — For  the  privilege  granted  to  the  above-named  com- 
pany or  companies  to  use  the  streets  as  above,  they  on  their 
part  agree  to  keep  the  streets  in  good  repair  between  the  rails 
of  the  said  track  and  three  feet  outside  of  each  of  the  rails 
thereof;  and  if  the  above-named  companies  to  whom  this  grant 
is  made  fail  to  keep  such  street  or  streets  occupied  by  their 
track  in  good  order,  then  it  shall  be  the  duty  of  the  Board  of 
Administration  to  have  the  work  done  at  their  expense  ; and 
if  they  refuse  or  fail  to  pay  into  the  city  treasury  the  amount 
necessary  to  put  them  in  repair  for  ten  days  after  such  work  is 
done,  then  the  Board  of  Administration  or  its  successors  may 
prevent  such  company  from  using  the  streets  by  removing  the 
rails  therefrom. 

Seventh — The  Pittsburg,  Cincinnati,  Chicago  & St.  Louis 
Railway  Company  shall  furnish  to  the  Board  of  Legislation  a 
statement  of  the  exact  amount  of  the  cost  of  said  track,  which 
shall  be  sworn  to,  of  all  moneys  expended  by  them  in  its 
construction,  so  as  to  place  the  city  in  possession  of  such  infor- 
mation, to  be  used,  if  found  to  be  necessary,  as  a basis  of  what 
shall  be  a fair  compensation  to  be  paid  by  other  companies  for 
the  privilege  of  using  said  track,  in  the  event  that  said  com- 
panies can  not  agree  as  to  compensation,  if  it  becomes  necessary 
for  the  Board  of  Legislation  or  its  successors  to  arbitrate  as 
provided  by  Section  4 herein. 

Eighth — The  Board  of  Legislation  or  its  successors  alone 
shall  have  the  power  to  arrange  the  terms  for  authorizing  side 
switches,  and  fixing  the  conditions  upon  which  turnouts  shall 
be  made  on  the  line  of  the  track  between  the  points  designated 
in  this  ordinance. 


Ordinances  of  the  City  of  Cincinnati 


309 


Ninth — Upon  a resolution  passed  by  the  Board  of  Legisla- 
tion, flagmen  shall  be  kept  stationed  by  the  company  receiving 
this  grant  where  the  cars  turn  any  corner,  so  as  to  prevent 
collisions  or  accidents. 

Tenth — Cars  shall  be  permitted  to  remain  on  said  line  of 
track  in  Vine  Street  during  the  daytime,  for  the  purpose  of 
being  loaded  and  unloaded,  by  the  consent  of  all  the  abutting 
property-owners ; provided  that  no  cars  shall  in  any  event  be 
permitted  to  obstruct  the  sidewalk  or  street  at  any  of  the 
intersections,  nor  be  transferred  or  moved  on  said  line  of 
track  at  any  time  or  in  any  manner  than  as  provided  by  Sec- 
tion 5 herein. 

Eleventh — The  city  shall  not  be  liable  to  the  Pittsburg, 
Cincinnati,  Chicago  & St.  Louis  Railway  Company  or  to  any 
other  company  under  this  agreement  in  any  damage  for  delay 
or  interruption,  if  any  there  be,  for  such  time  as  may  be  neces- 
sary to  lay  down  water-  or  gas-pipes,  or  for  constructing  any 
sewer  that  the  city  may  by  resolution  or  ordinance  authorize  to 
be  built ; nor  shall  any  thing  in  this  agreement  be  construed 
to  pass  from  the  city  full  and  complete  control  of  the  streets  in 
which  this  grant  authorizes  a railroad  track  to  be  laid,  but  her 
control  is  as  full  and  complete  as  if  no  grant  had  been  given, 
subject  to  the  express  condition  to  use  the  streets  in  the  manner 
and  for  the  purpose  named. 

Twelfth — The  Pittsburg,  Cincinnati,  Chicago  & St.  Louis 
Railway  Company,  for  and  in  consideration  of  the  privilege  to 
use  the  streets  named  in  the  first  section  of  this  ordinance 
for  the  purpose  therein  expressed,  shall  covenant  and  agree 
to  pay  to  the  said  city  of  Cincinnati  the  sum  of  one  dollar 
per  annum. 

Thirteenth — Should  the  Pittsburg,  Cincinnati,  Chicago  & 
St.  Louis  Railway  Company,  in  laying  its  tracks  under  this 
ordinance,  cross  the  tracks  of  any  street  railroad  company,  or 
the  tracks  of  any  other  company,  then  said  Pittsburg,  Cincinnati, 
Chicago  & St.  Louis  Railway  Company  must  obtain  the  consent 
and  permission  of  said  company  to  cross  its  tracks. 


310 


Ordinances  of  the  City  of  Cincinnati 


Fourteenth — Said  track  shall  be  subject  to  removal  at  any 
time  by  order  of  the  Board  of  Legislation ; and  after  thirty  days’ 
notice  to  so  remove  said  tracks  from  said  street,  and  to  restore 
the  said  street  to  good  repair,  the  city  may  remove  said  track 
and  restore  said  streets,  upon  the  failure  of  the  said  company 
so  to  do,  at  the  expense  of  said  company. 

Fifteenth — Said  company  shall  execute  a bond  to  the  city 
of  Cincinnati,  in  the  sum  of  three  thousand  dollars,  to  save  the 
city  harmless  from  any  and  all  claims  for  damages  that  may 
accrue  and  be  lawfully  established  by  reason  of  the  laying  of 
said  tracks  in  said  streets,  and  for  the  faithful  compliance  with 
all  and  singular  the  provisions  of  this  ordinance. 

No.  967.  Passed  August  9,  1895. 

Granting-  to  the  Baltimore  & Ohio  Southwestern  Railway  Company 
permission  to  lay  a single  track  in  and  across  Second  Street,  and 
in  John  Street  south  to  Augusta  Street. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati  : 

SEC.  1.  That  permission  be  and  the  same  is  hereby  granted 
to  the  Baltimore  & Ohio  Southwestern  Railway  Company  to 
lay  down  a single  track  or  switch  of  their  road  of  standard 
gauge  as  follows,  to-wit : Beginning  at  a point  in  said  com- 
pany’s tracks  on  the  north  side  of  Second  Street  west  of  John 
Street,  and  thence  by  curve  across  Second  Street  southwardly 
to  a point  in  John  Street  on  the  south  line  of  Second  Street, 
not  more  than  six  feet  east  of  the  west  curb-line  of  John  Street, 
to  a point  in  John  Street  at  the  north  line  of  Augusta  Street, 
subject  to  the  following  terms  and  .conditions  : 

First — The  portion  of  the  pavement  taken  up  necessary  to 
place  the  road  or  switch  thereon  to  be  carefully  put  down  again. 
Said  track  shall  conform  with  the  grade  of  the  streets.  The 
said  company  shall  immediately  after  laying  the  track  restore 
the  street  where  disturbed  by  it  to  its  present  good  condition, 
and  shall  keep  that  portion  of  the  street  lying  between  the  rails 
of  the  track  and  for  a distance  of  three  feet  outside  of  each  of 
the  rails  thereof  in  good  repair,  and  maintain  all  necessary 


Ordinances  of  the  City  of  Cincinnati 


311 


crossings  under  said  track  ; and  if  said  company  shall  remove 
said  track  from  said  street,  it  shall  restore  said  street  to  good 
repair  and  perfect  condition ; and  all  work  done  on  said  street 
in  connection  with  said  track  to  be  done  under  the  direction 
and  supervision  of  the  chief  engineer  of  the  Board  of  Admin- 
istration, and  at  the  expense  of  the  said  company. 

Second — Said  Baltimore  & Ohio  Southwestern  Railway 
Company  to  pay  all  damages  that  may  result  to  property  in 
any  way  by  their  occupancy  of  said  streets,  and  in  no  case 
shall  any  change  of  grade  be  made  without  the  consent  of  the 
Board  of  Legislation. 

Third — The  rail  to  be  used  to  be  of  the  most  improved 
kind,  and  to  be  put  down  in  such  a manner  as  to  leave  the 
surface  of  the  street  as  nearly  level  as  possible,  so  as  to  offer 
as  little  obstruction  to  vehicles  passing  over  and  along  the 
street  as  the  nature  of  the  improvement  will  admit ; the 
pattern  and  style  of  the  rail  to  be  submitted  to  the  Board 
of  Administration,  and  to  be  approved  by  them  before  being 
placed  on  the  streets. 

Fourth — The  city  to  have  the  right  of  allowing  any  present 
or  future  railway  company  to  use  said  track  in  passing  cars 
through  the  city  upon  such  terms  as  may  be  agreed  upon 
between  such  railroad  companies  and  the  Board  of  Legislation 
or  its  successors ; and  should  any  question  arise  between  the 
above-named  company  and  any  other  company  or  companies 
with  which  the  Board  of  Legislation  or  its  successors  may 
have  entered  into  an  agreement  for  privilege  to  use  said 
track,  then  the  Board  of  Legislation  or  its  successors  to  be 
the  umpire  to  decide  between  them,  from  whose  decision 
there  shall  be  no  appeal. 

Fifth — The  hours  which  said  track  may  be  used  for  the 
transfer  of  freight  and  passengers  shall  be  from  6 o’clock  p.  m. 
to  6 o’clock  a.  m.,  and  no  cars  are  to  be  drawn  on  the  track  at 
any  other  hours.  The  company  is  to  have  the  privilege  of 
using  steam-  or  horse-power,  as  it  in  its  judgment  may  think 
best ; subject,  however,  to  the  approval  of  the  Board  of  Legis- 


312 


Ordinances  of  the  City  of  Cincinnati 


lation  and  its  successors.  But  in  no  case  shall  cars  be  drawn 
through  the  city  at  a greater  speed  than  six  miles  an  hour. 

Sixth — For  the  privilege  granted  to  the  above-named  com- 
pany to  use  the  streets  as  above  it  agrees  on  its  part  to  keep 
the  streets  in  good  repair  for  all  that  portion  lying  between 
the  rails  of  said  track  and  three  feet  on  the  outside  of  each 
rail,  and  to  pay  the  costs  of  relaying  such  pavement  and  gutters 
as  are  necessary  to  be  taken  up  ; and  if  the  above-named  com- 
pany to  whom  this  grant  is  made  fails  to  keep  such  street  or 
streets  occupied  by  its  track  in  good  order,  then  it  shall  be  the 
duty  of  the  Board  of  Administration  to  have  the  work  done  at 
its  expense;  and  if  it  refuse  or  fail  to  pay  into  the  city  treasury 
the  amount  necessary  to  put  them  in  repair  for  ten  days  after 
such  work  is  done,  then  the  Board  of  Administration  or  its 
successors  may  prevent  such  company  from  using  the  streets 
by  removing  the  rails  therefrom. 

Seventh  — The  Baltimore  & Ohio  Southwestern  Railway 
Company  shall  furnish  to  the  Board  of  Legislation  a state- 
ment of  the  exact  amount  of  the  cost  of  said  track,  which 
shall  be  sworn  to,  of  all  moneys  expended  by  said  company 
in  the  construction  of  said  track,  so  as  to  place  the  city  in 
possession  of  such  information,  to  be  used,  if  found  necessary, 
as  a basis  of  what  shall  be  a fair  compensation  to  be  paid  by 
other  companies  for  the  privilege  of  using  said  track,  in  the 
event  that  said  companies  can  not  agree  as  to  compensation, 
if  it  becomes  necessary  for  the  Board  of  Legislation  or  its 
successors  to  arbitrate  as  provided  by  Section  4 herein. 

Eighth — The  Board  of  Legislation  or  its  successors  alone 
shall  have  the  power  to  arrange  the  terms  for  authorizing  side 
switches,  and  fixing  the  conditions  upon  which  turnouts  shall 
be  made  on  the  line  of  the  track  between  the  points  designated 
in  this  ordinance. 

Ninth — Upon  resolution  passed  by  the  Board  of  Legislation, 
flagmen  shall  be  kept  stationed  by  the  company  receiving  this 
grant  where  the  cars  turn  any  corner,  so  as  to  prevent  collisions 
or  accidents. 


Ordinances  of  the  City  of  Cincinnati 


313 


Tenth — Cars  shall  be  permitted  to  remain,  on  said  line  of 
track  in  John  Street  during  the  daytime,  for  the  purpose 
of  being  loaded  and  unloaded,  by  the  consent  of  all  the 
abutting  property  - owners ; provided  that  no  cars  shall  in 
any  event  be  permitted  to  obstruct  the  sidewalk  or  street  at 
any  of  the  intersections,  nor  be  transferred  or  moved  on  said 
line  of  track  at  any  time  or  in  any  manner  than  as  provided 
in  Condition  5 herein. 

Eleventh — The  city  shall  not  be  liable  to  the  Baltimore  & 
Ohio  Southwestern  Railway  Company  or  to  any  other  company 
under  this  agreement  in  any  damage  for  delay  or  interruption, 
if  any  there  be,  for  such  time  as  may  be  necessary  to  lay  down 
water-  or  gas-pipes,  or  for  constructing  any  sewer  that  the  city 
may  by  resolution  or  ordinance  authorize  to  be  built ; nor  shall 
any  thing  in  this  agreement  be  construed  to  pass  from  the  city 
full  and  complete  control  of  the  streets  in  which  this  grant 
authorizes  a railroad  track  to  be  laid,  but  her  control  is  as  full 
and  complete  as  if  no  grant  had  been  given,  subject  to  the 
express  condition  to  use  the  streets  in  the  manner  and  for  the 
purpose  named. 

Twelfth — But  said  track  shall  be  subject  to  removal  at  any 
time  by  order  of  the  Board  of  Legislation,  or  upon  demand 
made  in  writing,  by  a majority  of  the  front  feet  of  abutting 
property-holders,  of  the  said  Baltimore  & Ohio  Southwestern 
Railway  Company  to  remove  the  same ; and  after  thirty  days’ 
notice  to  so  remove  said  track  from  said  streets,  and  to  restore 
the  streets  to  good  repair,  the  city  may  remove  said  track  and 
restore  said  streets  at  the  expense  of  said  company,  upon  the 
failure  of  said  company  so  to  do. 

Thirteenth — The  Baltimore  & Ohio  Southwestern  Railway 
Company,  for  and  in  consideration  of  the  privilege  of  using  the 
streets  named  in  the  first  section  of  this  ordinance  for  the  pur- 
pose therein  expressed,  shall  covenant  and  agree  to  pay  the  said 
city  of  Cincinnati  the  sum  of  one  dollar  per  annum. 

Fourteenth — Should  the  Baltimore  & Ohio  Southwestern 
Railway  Company  in  laying  its  track  under  the  ordinance 


314 


Ordinances  of  the  City  of  Cincinnati 


cross  the  tracks  of  any  street  railroad  company  or  the  tracks 
of  any  other  company,  the  said  Baltimore  & Ohio  Southwestern 
Railway  Company  must  obtain  the  consent  and  permission  of 
said  company  to  cross  its  tracks. 

Fifteenth — Said  company  shall  execute  a bond  to  the  city 
of  Cincinnati,  in  the  sum  of  three  thousand  dollars,  to  save  the 
city  harmless  from  any  and  all  claims  for  damages  that  may 
accrue  and  be  lawfully  established  by  reason  of  the  laying  of 
said  tracks  across  said  Second  and  John  streets,  and  for  the 
faithful  performance  of  all  and  singular  the  provisions  of  this 
ordinance. 

No.  1046.  Passed  March  27,  1896. 

Granting-  to  the  Pittsburg-,  Cincinnati,  Chicag-o  & St.  Louis  Railway 
Company  permission  to  lay  a single  track  on  Water  Street  in  the 
City  of  Cincinnati,  Ohio,  across  and  extending-  westwardly  from 
Walnut  Street. 

Be  it  or  darned  by  the  Board  of  Legislation  of  Cincinnati: 

That  there  is  hereby  granted  to  the  Pittsburg,  Cincinnati, 
Chicago  & St.  Louis  Railway  Company  permission  to  lay  down  a 
.single  track  or  switch  of  their  road  to  accommodate  the  business 
of  James  Heekin  & Co.  as  follows,  to- wit : Beginning  at  a point 
in  the  Water-street  branch  of  the  Cincinnati  Street  Connection 
Railway,  said  point  being  thirty-five  feet  east  of  the  east  line 
of  Walnut  Street ; thence  turning  out  of  the  said  street  con- 
nection railway  as  now  constructed  in  Water  Street,  extending 
westwardly  two  hundred  feet,  by  the  necessary  curve  across 
Walnut  Street,  making  the  turnout ; thence  parallel  with  and 
distant  from  the  north  house-line  of  Water  Street  twelve  feet, 
upon  the  following  terms  and  conditions  : 

First — The  portion  of  the  pavement  necessary  to  be  taken 
up  in  connection  with  the  construction  of  the  sidetrack  to  be 
carefully  put  down  again.  The  gutters  at  the  intersection  of 
Walnut  and  Water  streets  to  be  covered  with  iron  gutter-plates, 
to  be  laid  down  in  such  a manner  as  to  allow  the  surface-water 
to  pass  freely  under  them.  The  work  to  be  done  under  the 


Ordinances  of  the  City  of  Cincinnati 


315 


direction  of  the  Board  of  Administration  and  the  engineer  of 
the  Board  of  Administration.  The  costs  of  relaying  such  pave- 
ment and  gutters  are  to  be  paid  by  the  said  Pittsburg,  Cincin- 
nati, Chicago  & St.  Louis  Railway  Company. 

Second — Said  Pittsburg,  Cincinnati,  Chicago  & St.  Louis 
Railway  Company  to  pay  all  damages  that  may  result  to  prop- 
erty in  any  way  by  their  occupancy  of  said  street,  and  in  no 
case  shall  any  change  of  grade  be  made  without  the  consent 
of  the  Board  of  Legislation. 

Third — The  rail  used  to  be  of  the  most  improved  kind,  and 
to  be  put  down  in  such  manner  as  to  leave  the  surface  of  the 
street  as  near  level  as  possible,  so  as  to  offer  as  little  obstruction 
to  vehicles  passing  over  and  along  the  streets  as  the  nature  of 
this  improvement  will  admit.  The  pattern  and  style  of  the 
rail  to  be  submitted  to  the  Board  of  Administration  and  the 
engineer  of  the  Board  of  Administration,  and  to  be  approved 
by  them  before  being  placed  on  the  streets. 

Fourth — The  city  to  have  the  right  of  allowing  any  present 
or  future  railway  company  to  use  said  track  in  passing  their 
cars  through  the  city  upon  such  terms  as  may  be  agreed  upon 
between  such  railroad  companies  and  the  Board  of  Legislation 
or  its  successors ; and  should  any  question  arise  between  the 
above-named  company  and  any  other  company  or  companies 
with  which  the  Board  of  Legislation  or  its  successors  may  have 
entered  into  an  agreement  for  privilege  to  use  said  track,  then 
the  Board  of  Legislation  or  its  successors  to  be  the  umpire 
to  decide  between  them,  from  whose  decision  there  shall  be 
no  appeal. 

Fifth — The  hours  which  said  track  may  be  used  for  the 
transfer  of  freight  shall  be  from  6 o’clock  p.  M.  to  6 o’clock  A.  m., 
and  no  cars  to  be  drawn  on  the  track  at  any  other  hours,  except 
that  the  privilege  is  given  of  drawing  cars  at  any  hour  by 
horse-power.  The  companies  to  have  the  privilege  of  using 
steam-  or  horse-power  between  6 p.  m.  and  6 a.  m.,  as  they  in 
their  judgment  think  best;  subject,  however,  to  the  approval 
of  the  Board  of  Legislation  or  its  successors.  But  in  no  case 


316 


Ordinances  of  the  City  of  Cincinnati 


shall  cars  be  drawn  through  the  city  at  a greater  speed  than 
six  miles  per  hour. 

Sixth — For  the  privilege  granted  to  the  above-named  com- 
pany or  companies  to  use  the  streets  as  above  they  on  their 
part  agree  to  keep  the  streets  in  good  repair  between  the  rails 
of  the  said  track  and  three  feet  outside  of  each  of  the  rails 
thereof ; and  if  the  above-named  companies  to  whom  this  grant 
is  made  fail  to  keep  each  street  or  streets  occupied  by  their 
tracks  in  good  order,  then  it  shall  be  the  duty  of  the  Board  of 
Administration  to  have  the  work  done  at  their  expense  ; and 
if  they  refuse  or  fail  to  pay  into  the  city  treasury  the  amount 
necessary  to  put  them  in  repair  for  ten  days  after  such  work  is 
done,  then  the  Board  of  Administration  or  its  successors  may 
prevent  such  company  from  using  its  streets  by  removing  the 
rails  therefrom. 

Seventh — The  Pittsburg,  Cincinnati,  Chicago  & St.  Louis 
Railway  Company  shall  furnish  to  the  Board  of  Legislation  a 
statement  of  the  exact  amount  of  the  cost  of  said  track,  which 
shall  be  sworn  to,  of  all  moneys  expended  by  them  in  its 
construction,  so  as  to  place  the  city  in  possession  of  such 
information,  to  be  used,  if  found  to  be  necessary,  as  a basis  of 
what  shall  be  fair  compensation  to  be  paid  by  other  companies 
for  the  privilege  of  using  said  track,  in  the  event  that  said 
companies  can  not  agree  as  to  compensation  if  it  becomes 
necessary  for  the  Board  of  Legislation  or  its  successors  to 
arbitrate  as  provided  by  Section  4 herein. 

Eighth — The  Board  of  Legislation  or  its  successors  alone 
shall  have  the  power  to  arrange  the  terms  for  authorizing  side 
switches,  and  fixing  the  conditions  upon  which  turnouts  shall 
be  made  on  the  line  of  the  track  between  the  points  designated 
in  this  ordinance. 

Ninth — Upon  resolution  passed  by  the  Board  of  Legislation, 
flagmen  are  to  be  kept  stationed,  if  necessary,  where  the  cars 
turn  any  corner,  so  as  to  prevent  collisions  or  accidents. 

Tenth — Cars  shall  be  permitted  to  remain  on  said  line  of 
track  of  Water  Street  during  the  daytime,  for  the  purpose 


Ordinances  of  the  City  of  Cincinnati  317 

of  being  loaded  or  unloaded,  by  the  consent  of  the  abutting 
property-owners  ; provided  that  no  cars  shall  in  any  event  be 
permitted  to  obstruct  the  sidewalk  or  street  at  the  intersection 
of  Walnut  and  Water  streets,  nor  be  transferred  or  moved  on 
said  line  of  track  at  any  time  or  in  any  manner  than  as  provided 
by  Section  5 herein. 

Eleventh — The  city  shall  not  be  liable  to  the  Pittsburg, 
Cincinnati,  Chicago  & St.  Louis  Railway  Company  or  to  any 
other  company  under  this  agreement  in  any  damage  for  delay 
or  interruption,  if  any  there  be,  for  such  time  as  may  be  neces- 
sary to  lay  down  water-  or  gas-pipes,  or  for  constructing  any 
sewer  that  the  city  may  by  resolution  or  ordinance  authorize 
to  be  built ; nor  shall  any  thing  in  this  agreement  be  construed 
to  pass  from  the  city  full  and  complete  control  of  the  streets  in 
which  this  grant  authorizes  a railroad  track  to  be  laid,  but  her 
control  is  as  full  and  complete  as  if  no  grant  had  been  given, 
subject  to  the  express  conditions  to  use  the  streets  in  the  manner 
and  for  the  purpose  named. 

Twelfth — The  Pittsburg,  Cincinnati,  Chicago  & St.  Louis 
Railway  Company,  for  and  in  consideration  of  the  privilege  to 
use  the  streets  named  in  the  first  section  of  this  ordinance 
for  the  purpose  therein  expressed,  shall  covenant  and  agree 
to  pay  to  the  said  city  of  Cincinnati  the  sum  of  one  dollar 
per  annum. 

Thirteenth — Should  the  Pittsburg,  Cincinnati,  Chicago  & 
St.  Louis  Railway  Company  in  laying  its  tracks  under  this 
ordinance  cross  the  tracks  of  any  street  railway  company, 
or  the  tracks  of  any  other  company,  then  said  Pittsburg, 
Cincinnati,  Chicago  & St.  Louis  Railway  Company  must  ob- 
tain the  consent  and  permission  of  said  company  to  cross  its 
tracks. 

Fourteenth — Said  track  shall  be  subject  to  removal  at  any 
time  by  order  of  the  Board  of  Administration  or  Board  of 
Legislation  ; and  after  thirty  days’  notice  to  so  remove  said 
tracks  from  said  street,  and  to  restore  the  said  street  to  good 
repair,  the  city  may  remove  said  track  and  restore  said  streets, 


318 


Ordinances  of  the  City  of  Cincinnati 


upon  the  failure  of  said  company  so  to  do,  at  the  expense  of 
said  company. 

Fifteenth — Said  company  shall  execute  a bond  to  the  city 
of  Cincinnati,  in  the  sum  of  three  thousand  dollars,  to  save  the 
city  harmless  from  any  and  all  claims  for  damages  that  may 
accrue  and  be  lawfully  established  by  reason  of  the  laying 
of  said  tracks  in  said  streets,  and  for  the  faithful  compliance 
with  all  and  singular  the  provisions  of  this  ordinance. 

No.  1173.  Passed  March  1,  1897. 

Granting-  the  Pittsburg-,  Cincinnati,  Chicag-o  & St.  Louis  Railway 
Company  permission  to  lay  a sidetrack  across  the  intersection 
of  Second  and  Front  streets,  and  on  Lawrence  Street  north  of 
Front  Street,  and  a sidetrack  across  Lawrence  Street. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati: 

That  there  is  hereby  granted  to  the  Pittsburg,  Cincinnati, 
Chicago  & St.  Louis  Railway  Company  permission  to  lay  down 
a single  track  of  their  road  as  follows  to  accommodate  business 
of  the  Cincinnati  Architectural  Iron  Works,  the  Hoefinghoff  & 
Laue  Foundry  Company,  the  Miller,  Du  Brul  & Peters  Manu- 
facturing Company,  and  the  Bickford  Drill  Company  : Begin- 

ning at  a point  in  the  Front-street  track  of  the  Cincinnati  Street 
Connection  Railway,  said  point  being  seventy-five  feet  west 
of  the  west  line  of  Lawrence  Street;  thence  by  the  necessary 
curve  to  a point  on  the  east  side  of  Lawrence  Street  seventy- 
five  feet  north  of  the  north  line  of  Front  Street  and  five  feet 
west  of  the  east  curb-line  of  Lawrence  Street ; thence  parallel 
with  said  east  line  to  a point  forty  feet  south  of  the  south  line 
of  Pearl  Street ; and  a track  turning  out  of  the  above-described 
track  and  crossing  Lawrence  Street  for  the  accommodation 
of  the  business  of  the  Mcllvaine  & Spiegel  Boiler  and  Tank 
Company,  beginning  at  a point  one  hundred  and  thirty  feet 
north  of  the  north  line  of  Front  Street,  thence  northwesterly 
by  the  necessary  curve  to  the  west  line  of  Lawrence  Street. 
Permission  is  also  granted  to  lay  a two-foot  gauge  tram-track 
parallel  to  said  sidetrack  upon  the  east  sidewalk  of  Lawrence 
Street,  and  turning  into  the  building  of  the  Cincinnati  Archi- 


Ordinances  of  the  City  of  Cincinnati 


319 


tectural  Iron  Works,  and  also  to  erect  an  overhead  traveler, 
projecting  from  said  building,  all  for  the  purpose  of  more  safely 
and  easily  loading  and  unloading  cars  which  may  be  placed  on 
said  sidetrack,  upon  the  following  terms  and  conditions  : 

First — The  portion  of  the  pavement  taken  up  for  the  con- 
struction of  the  tracks  therein  shall  be  carefully  replaced  ; no 
change  of  grade  of  street  shall  be  made  without  consent  of  the 
Board  of  Legislation  ; any  manholes,  inlets,  or  other  appur- 
tenances of  the  sewerage  system  of  the  city  which  may  be 
disturbed  shall  be  replaced.  All  of  said  work  shall  be  done 
under  the  direction  of  the  Board  of  Administration  and  the 
engineer  of  the  Board  of  Administration,  and  the  cost  thereof 
shall  be  paid  by  the  said  Pittsburg,  Cincinnati,  Chicago  & St. 
Louis  Railway  Company. 

Second — The  rail  used  shall  be  of  the  most  improved  kind 
as  used  on  the  main  track  of  said  Street  Connection  Railway, 
and  shall  be  put  down  in  such  a manner  as  to  project  as  little 
as  possible  above  the  surface  of  the  street,  so  as  to  offer  as 
little  obstruction  to  vehicles  passing  over  and  along  said  street 
as  the  nature  of  the  improvement  will  admit.  The  pattern 
and  style  of  the  rail  to  be  submitted  to  the  Board  of  Adminis- 
tration and  the  engineer  of  the  Board  of  Administration  for 
their  approval. 

Third — The  city  to  have  the  right  of  allowing  any  present 
or  future  railway  company  to  use  said  track  in  passing  their 
cars  through  the  city  upon  such  terms  as  may  be  agreed  upon 
between  such  railroad  companies  and  the  Board  of  Legislation 
or  its  successors ; and  should  any  question  arise  between  the 
above-named  company  and  any  other  company  or  companies 
with  which  the  Board  of  Legislation  or  its  successors  may  have 
entered  into  an  agreement  for  privilege  to  use  said  track,  then 
the  Board  of  Legislation  or  its  successors  to  be  the  umpire 
to  decide  between  them,  from  whose  decision  there  shall  be  no 
appeal. 

Fourth — For  the  privilege  granted  to  the  above  - named 
company  or  companies  to  use  the  streets  as  above,  they  on 


320 


Ordinances  of  the  City  of  Cincinnati 


their  part  agree  to  keep  the  streets  in  good  repair  between  the 
rails  of  the  said  track  and  three  feet  outside  of  each  of  the  rails 
thereof  ; and  if  the  above-named  companies  to  whom  this  grant 
is  made  fail  to  keep  such  street  or  streets  occupied  by  their 
track  in  good  order,  then  it  shall  be  the  duty  of  the  Board  of 
Administration  to  have  the  work  done  at  their  expense ; and 
if  they  refuse  or  fail  to  pay  into  the  city  treasury  the  amount 
necessary  to  put  them  in  repair  for  ten  days  after  .such  work  is 
done,  then  the  Board  of  Administration  or  its  successors  may 
prevent  such  company  from  using  the  streets  by  removing  the 
rails  therefrom. 

Fifth — The  Pittsburg,  Cincinnati,  Chicago  & St.  Louis 
Railway  Company  shall  furnish  to  the  Board  of  Legislation 
a statement  of  the  exact  amount  of  the  cost  of  said  track, 
which  shall  be  sworn  to,  of  all  moneys  expended  by  them  in 
its  construction,  so  as  to  place  the  city  in  possession  of  such 
information,  to  be  used,  if  found  to  be  necessary,  as  a basis 
of  what  shall  be  a fair  compensation  to  be  paid  by  other  com- 
panies for  the  privilege  of  using  said  track,  in  the  event  that 
said  companies  can  not  agree  as  to  compensation,  if  it  becomes 
necessary  for  the  Board  of  Administration  or  its  successors  to 
arbitrate  as  provided  by  Section  3 herein. 

Sixth — The  Board  of  Legislation  or  its  successors  alone 
shall  have  the  power  to  arrange  the  terms  for  authorizing  side 
switches,  and  fixing  the  conditions  upon  which  turnouts  shall 
be  made  upon  the  line  of  the  track  between  the  points  desig- 
nated in  this  ordinance. 

Seventh — Upon  resolution  of  the  Board  of  Legislation,  flag- 
men must  be  stationed  where  the  track  turns  any  corner,  to 
prevent  collisions  or  accidents. 

Eighth — Cars  shall  be  permitted  to  remain  on  said  tracks 
in  Lawrence  Street  at  any  time,  for  the  purpose  of  being  loaded 
or  unloaded,  by  the  consent  of  the  abutting  property-owners, 
provided  that  no  cars  shall  in  any  event  be  permitted  to  obstruct 
the  sidewalk  or  any  of  the  intersecting  streets. 

Ninth — The  city  shall  not  be  liable  to  the  Pittsburg,  Cin- 


Ordinances  of  the  City  of  Cincinnati 


321 


cinnati,  Chicago  & St.  Louis  Railway  Company  or  to  any  other 
company  under  this  agreement  in  any  damage  for  delay  or 
interruption,  if  any  there  be,  for  such  time  as  may  be  neces- 
sary to  lay  down  water-  or  gas-pipes,  or  for  constructing  any 
sewer  that  the  city  may  by  resolution  or  ordinance  authorize 
to  be  built ; nor  shall  any  thing  in  this  agreement  be  construed 
to  pass  from  the  city  full  and  complete  control  of  the  streets  in 
which  this  grant  authorizes  a railroad  track  to  be  laid,  but  her 
control  is  as  full  and  complete  as  if  no  grant  had  been  given, 
subject  to  the  express  condition  to  use  the  streets  in  the  manner 
and  for  the  purpose  named. 

Tenth — The  Pittsburg,  Cincinnati,  Chicago  & St.  Louis 
Railway  Company,  for  and  in  consideration  of  the  privilege 
to  use  the  streets  named  in  the  first  section  of  this  ordinance 
for  the  purpose  therein  expressed,  shall  covenant  and  agree 
to  pay  to  the  said  city  of  Cincinnati  the  sum  of  one  dollar 
per  annum. 

Eleventh — Should  the  Pittsburg,  Cincinnati,  Chicago  & 
St.  Louis  Railway  Company  in  laying  its  tracks  under  this 
ordinance  cross  the  tracks  of  any  street  railroad  company,  or 
the  tracks  of  any  other  company,  then  said  Pittsburg,  Cincin- 
nati, Chicago  & St.  Louis  Railway  Company  must  obtain  the 
consent  and  permission  of  said  company  to  cross  its  tracks. 

Twelfth — Said  track  shall  be  subject  to  removal  at  any  time 
by  order  of  the  Board  of  Administration  or  Board  of  Legisla- 
tion ; and  after  thirty  days’  notice  to  so  remove  said  tracks 
from  said  streets,  and  to  restore  the  said  street  to  good  repair, 
the  city  may  remove  said  track  and  restore  said  streets,  upon 
the  failure  of  the  said  company  so  to  do,  at  the  expense  of 
said  company. 

Thirteenth — Said  company  shall  execute  a bond  to  the  city 
of  Cincinnati,  in  the  sum  of  one  thousand  dollars,  to  save  the 
city  harmless  from  any  and  all  claims  for  damages  that  may 
accrue  and  be  lawfully  established  by  reason  of  the  laying  of 
said  tracks  in  said  streets,  and  for  the  faithful  compliance  with 
all  and  singular  the  provisions  of  this  ordinance. 


322 


Ordinances  of  the  City  of  Cincinnati 


No.  1197.  Passed  March  22,  1897. 

Authorizing-  the  Cincinnati  Northern  Railroad  Company  to  use, 
occupy,  and  cross  certain  property,  public  grounds,  avenues, 
streets,  and  alleys  in  the  City  of  Cincinnati,  Ohio. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati: 

Sec.  1.  That  permission  and  authority  are  hereby  granted 
to  the  Cincinnati  Northern  Railroad  Company  to  cross,  occupy, 
and  use,  in  the  manner  described  herein  below,  for  railroad 
purposes,  with  single  or  double  tracks,  the  following  property, 
public  grounds,  avenues,  streets,  and  alleys,  to-wit  : 

( 1 ) The  right  to  use  and  occupy  with  its  tracks  Accommo- 
dation Street,  commencing  on  the  west  side  thereof  at  a point 
about  three  hundred  and  twenty-five  feet  south  of  the  north  end 
of  said  street ; thence  northwardly  across  said  street,  reaching 
the  east  line  of  Accommodation  Street  at  a point  about  seventy- 
five  feet  south  of  the  north  end  of  said  street. 

(2)  Thence  northwardly  from  Accommodation  Street,  be- 
neath the  present  tracks  of  the  Cincinnati,  Lebanon  & Northern 
Railway  Company,  and  through  the  property  of  the  city  of 
Cincinnati  now  held  by  said  Cincinnati,  Lebanon  & Northern 
Railway  Company  under  lease  from  said  city,  by  tunnel  to  and 
under  Deercreek  Road  and  Elsinore  Avenue,  passing  about 
forty  feet  beneath  the  present  surface  of  said  Elsinore  Avenue 
at  its  intersection  with  the  Deercreek  Road  to  the  property  of 
said  Cincinnati  Northern  Railroad  Company  lying  west  of  the 
Deercreek  Road  at  the  southern  portal  of  said  company’s  tunnel ; 
all  in  accordance  with  and  as  shown  on  the  plat  on  file  in  the 
office  of  the  engineer  of  the  Board  of  Administration  of  the  city 
of  Cincinnati. 

(3)  Through  and  along  said  company’s  right  of  way  and 
tunnel,  passing  beneath  all  streets,  alleys,  or  highways  that 
have  been  opened  across  the  line  thereof,  to  its  northern  portal 
near  the  western  end  of  Ridgeway  Street,  on  the  property 
formerly  belonging  to  Samuel  Beresford. 

( 4 ) Thence  northeastwardly  along  the  right  of  way  acquired 
from*  the  Cincinnati  Railway  Tunnel  Company  to  the  east  cor- 


Ordinances  of  the  City  of  Cincinnati 


323 


poration  line  of  the  city  of  Cincinnati,  being  the  east  line  of 
Section  9,  Township  3,  Fractional  Range  2 of  the  Miami 
Purchase,  passing  under  Woodward  or  Blair  Avenue  near  its 
junction  with  Beresford  Avenue  at  such  elevation  as  will  afford 
proper  clearance  for  the  cars  and  traffic  of  said  Cincinnati 
Northern  Railroad  Company  without  change  or  interference 
with  the  use  of  said  Woodward  or  Blair  Avenue. 

(5)  The  right  to  cross  with  two  or  more  tracks  Rockdale 
Avenue,  an  unused  and  unimproved  street,  near  where  the  same 
is  now  occupied  and  crossed  by  the  trestle  and  track  of  the 
Cincinnati,  Lebanon  & Northern.  Railway,  at  such  distance 
therefrom  and  at  such  elevation  as  shall  be  made  necessary 
by  the  grade  determined  upon  for  the  crossing  of  Woodward 
or  Blair  Avenue. 

(6)  Also  the  right  to  cross  Deercreek  Road  with  one  or 
more  tracks  for  switching  purposes,  passing  under  the  present 
tracks  of  the  Cincinnati,  Lebanon  & Northern  Railway  Com- 
pany, about  eight  hundred  and  fifty  feet  southwardly  from 
Elsinore  Avenue,  to  reach  the  property  of  said  Cincinnati 
Northern  Railroad  Company  lying  west  of  Deercreek  Road 
and  south  of  Elsinore  Avenue. 

SEC.  2.  That  the  grading  shall  be  made  and  the  tracks  laid 
under  the  direction  and  to  the  satisfaction  of.  the  engineer  of  the 
Board  of  Administration  of  the  city  of  Cincinnati,  and  shall  be 
so  built  and  maintained  as  not  unnecessarily  to  obstruct  the 
ordinary  use  or  drainage  of  the  streets  through  and  over  which 
said  railroad  shall  be  constructed  ; and  if  it  be  necessary  in 
constructing  said  railroad  on  the  grade  aforesaid  to  remove, 
replace,  or  relocate  any  part  or  portion  of  any  sewer  constructed 
in  the  line  of  said  property,  public  grounds,  streets,  avenues, 
and  alleys,  or  relocate  any  water-main  or  pipe,  the  same  shall 
be  done  at  the  expense, of  the  said  Cincinnati  Northern  Railroad 
Company,  and  in  accordance  with  plans  and  specifications  fur- 
nished by  said  engineer  of  the  Board  of  Administration  of  the 
city  of  Cincinnati,  and  the  work  shall  be  performed  under  said 
engineer’s  supervision  and  to  his  satisfaction. 


324 


Ordinances  of  the  City  of  Cincinnati 


Sec.  3.  That  said  company  shall  pay  and  hold  the  city  of 
Cincinnati  harmless  from  any  and  all  costs  and  expenses  to  be 
incurred  in  the  construction  and  maintenance  of  said  work  and 
the  railroad  authorized  hereunder,  and  also  any  and  all  damages 
for  which  said  city  may  be  made  liable  by  reason  of  the  occu- 
pancy and  use  of  such  property,  public  grounds,  streets,  avenues, 
and  alleys,  or  parts  thereof,  by  said  railroad  company,  and  shall 
pay  the  owners  of  adjoining  property  any  damages  that  may  be 
occasioned  by  the  performance  of  the  work  herein  authorized 
and  for  which  the  company  would  be  otherwise  liable. 

Sec.  4.  That  before  said  company  shall  commence  the  con- 
struction of  any  part  of  its  said  roadway  upon  the  property, 
public  grounds,  streets,  avenues,  and  alleys  aforesaid,  it  shall 
give  a bond,  payable  to  the  city  of  Cincinnati,  in  the  penal 
sum  of  twenty-five  thousand  dollars,  with  sureties  satisfactory 
to  the  Board  of  Administration  of  the  city  of  Cincinnati,  to 
comply  with  the  conditions  hereof. 

Sec.  5.  That  the  city  of  Cincinnati  shall  have  the  right  to 
allow  any  other  railroad  company  or  companies  (whose  tracks 
are  of  the  same  gauge  as  that  of  the  Cincinnati  Northern  Rail- 
road Company)  coming  from  other  states  or  other  counties  in 
Ohio  to  connect  with  such  portions  of  said  track  as  may  be  laid 
upon  the  property,  public  grounds,  streets,  avenues,  or  alleys 
under  the  authority  of  this  ordinance,  and  to  use  the  same  with 
cars  of  the  same  gauge  ; but  such  right  shall  be  subordinate  to 
that  of  the  Cincinnati  Northern  Railroad  Company,  and  shall 
be  so  exercised  as  not  to  destroy  or  materially  impair  the  right 
herein  granted  to  said  company,  and  shall  be  subject  to  such 
reasonable  regulations  as  may  be  proper  in  order  to  avoid  colli- 
sions and  secure  the  safety  of  trains,  and  upon  such  reasonable 
compensation,  having  due  regard  to  the  original  cost  of  con- 
struction and  maintenance,  as  may  be  previously  agreed  upon 
by  and  between  said  the  Cincinnati  Northern  Railroad  Company 
or  its  assigns  and  such  other  party  or  parties  desiring  to  use  the 
tracks  so  laid  as  aforesaid.  And  in  the  event  of  any  accident 
to  any  train  of  such  other  company  or  companies  resulting  in 


Ordinances  of  the  City  of  Cincinnati 


325 


injury  to  or  destruction  o^the  tracks,  substructures,  tunnel,  or 
other  property  of  the  said  Cincinnati  Northern  Railroad  Com- 
pany, the  loss  so  occasioned  shall  be  paid  by  the  company  or 
companies  owning  such  train  or  trains. 

SEC.  6.  The  said  Cincinnati  Northern  Railroad  Company 
shall  at  all  times  have  the  right  to  fix  its  own  time-tables  for 
arrival  and  departure  of  trains,  and  to  arrange  the  tracks  and 
other  matters  connected  with  the  construction  and  operation 
of  said  railroad  as  it  shall  see  fit,  but  not  so  as  to  destroy  the 
right  herein  reserved  to  said  city  to  grant  the  privilege  aforesaid 
to  other  companies. 

Sec.  7.  All  existing  ordinances  and  parts  of  ordinances  in 
conflict  herewith  are  hereby  repealed. 

SEC.  8.  The  work  that  may  be  let  by  the  Cincinnati  Northern 
Railroad  Company  for  the  construction  contemplated  by  this 
ordinance  shall  be  done,  as  far  as  practicable,  by  laborers  that 
are  residents  of  the  city  of  Cincinnati. 

SEC.  9.  The  work  contemplated  by  this  ordinance  shall 
be  finished  within  two  and  one  half  years  from  and  after 
the  acceptance  of  this  ordinance  by  the  Cincinnati  Northern 
Railroad  Company ; otherwise  this  ordinance  shall  be  null 
and  void. 

Sec.  10.  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  the  earliest  period  allowed  by  law ; provided  that 
before  any  right  shall  vest  under  this  ordinance  said  Cincinnati 
Northern  Railroad  Company  shall,  in  writing  filed  with  the 
city  clerk,  accept  the  same,  and  agree  to  abide  by  all  its  pro- 
visions and  conditions;  and  provided  further  that  this  ordinance 
shall  not  take  effect  until  the  Cincinnati,  Lebanon  & Northern 
Railway  Company  has  filed  with  the  clerk  of  this  board  its 
written  consent  to  that  part  of  this  ordinance  which  provides 
that  the  Cincinnati  Northern  Railroad  Company  may  pass  as 
proposed  through  the  property  leased  to  the  Cincinnati,  Lebanon 
& Northern  Railway  Company  ; and  provided  further  that  the 
Cincinnati,  Lebanon  & Northern  Railway  Company  will  pay 
the  same  rental  as  provided  in  said  lease  to  the  city  of  Cincinnati 


326 


Ordinances  of  the  City  of  Cincinnati 


without  any  diminution  by  reason  of  the  occupancy  of  the 
leased  property  as  aforesaid  by  said  Cincinnati  Northern  Rail- 
road Company. 

No.  829.  Passed  April  7,  1902. 

Granting-  to  the  Cincinnati,  Lebanon  & Northern  Railway  Company 
the  rig-ht  to  construct,  maintain,  and  operate  one  additional  main 
track  across  Fredonia  Avenue  and  Blair  Avenue. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati : ' 

SEC.  1.  That  permission  is  hereby  granted  to  the  Cincin- 
nati, Lebanon  & Northern  Railway  Company  to  construct, 
maintain,  and  operate  one  additional  main  track  on  the  south 
side  of  its  present  main  track  across  Fredonia  Avenue  and 
Blair  Avenue. 

SEC.  2.  The  elevation  of  said  additional  main  track  shall 
conform,  as  far  as  practicable,  with  the  established  grades  of 
said  avenues. 

Sec.  3.  Said  track  shall  be  planked  for  roadway  and  side- 
walks in  such  manner  as  shall  be  satisfactory  to  the  Board 
of  Public  Service. 

No.  882.  Passed  January  16,  1902. 

Granting-  to  the  Cincinnati,  Lebanon  & Northern  Railway  Company 
the  rig-ht  to  lay  and  maintain  a track  to  connect  its  main  line 
with  the  premises  of  L.  P.  Hazen  & Co.,  east  of  Hunt  Street  and 
north  of  Elsinore  Avenue. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati: 

SEC.  1.  That  permission  is  hereby  granted  to  the  Cincin- 
nati, Lebanon  & Northern  Railway  Company  to  lay  a track 
of  standard  gauge  to  connect  its  main  line  with  the  premises 
of  L.  P.  Hazen  & Co.,  east  of  Hunt  Street  and  north  of  Elsinore 
Avenue.  Said  track  shall  occupy  a strip  of  ground  twenty  feet 
in  width  and  being  ten  feet  on  either  side  of  the  following 
described  center  line  : Beginning  at  a point  on  the  east  line 
of  lot  No.  177  of  Eden -Park  Subdivision,  said  point  being 
distant  southerly  ten  feet  from  the  northeast  corner  of  said 


Ordinances  of  the  City  of  Cincinnati 


327 


lot ; thence  in  a southwesterly  direction,  by  a curved  line 
having  a radius  of  two  hundred  and  twenty  - five  feet,  to  a 
point  in  the  west  line  of  lot  No.  181  of  said  subdivision,  said 
last-named  point  being  distant  northerly  ten  feet  from  the 
southwest  corner  of  said  lot  No.  181 ; thence  westerly,  in  a 
curved  line  having  a radius  of  two  hundred  and  twenty -five 
feet,  across  Deercreek  Road  to  a point  in  the  west  line  of  said 
Deercreek  Road,  said  last-named  point  being  distant  ten  feet, 
more  or  less,  from  the  northeast  corner  of  premises  east  of 
Hunt  Street  and  north  of  Elsinore  Avenue  now  owned  or 
controlled  by  L.  P.  Hazen  & Co. ; the  length  of  track  across 
Eden-Park  Subdivision  to  be  one  hundred  and  fifty  feet,  more 
or  less,  and  the  length  of  track  across  Deercreek  Road  to  be 
sixty-four  feet,  more  or  less. 

SEC.  2.  This  track  shall  be  laid  under  the  direction  and 
to  the  satisfaction  of  the  Board  of  Public  Service  and  its  chief 
engineer.  The  necessary  use  of  the  Deercreek  Road  in  cross- 
ing said  track  into  city  property  shall  be  properly  provided 
for.  And  said  track  shall  be  maintained  by  said  Cincinnati, 
Lebanon  & Northern  Railway  Company  until  such  time  as 
other  use  of  the  city  property  occupied  by  it  shall  require  its 
removal,  when  it  shall  be  removed  by  said  company  or  its 
successor,  upon  order  of  the  Board  of  Public  Service  or  its 
successor. 

No.  22.  Passed  June  7,  1897. 

Permitting:  the  Pittsburg-,  Cincinnati,  Chicagro  & St.  Louis  Railway- 
Company  to  string-  wires  on  Eastern  Avenue. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati: 

That  permission  be  granted  unto  the  Pittsburg,  Cincinnati, 
Chicago  & St.  Louis  Railway  Company  to  string  a wire  along 
Eastern  Avenue,  from  its  shops  on  said  Eastern  Avenue  between 
Ringgold  and  Brown  streets  eastwardly  to  Strader  Avenue, 
and  northwardly  along  said  Strader  Avenue  to  a point  about 
midway  between  Wool  and  Taylor  streets  ; thence  southeast- 


328 


Ordinances  of  the  City  of  Cincinnati 


wardly  across  private  property,  after  consent  therefor  obtained, 
and  across  Worth  Street  to  private  property  on  the  east  side 
thereof ; also  to  string  double  wires  along  said  Eastern  Avenue, 
beginning  at  said  shops  and  extending  westwardly  along  said 
Eastern  Avenue,  to  a point  about  four  hundred  feet  west  of 
Main  Street ; said  wires  being  for  the  purpose  of  establishing 
communication  between  the  telegraph  office  of  said  company 
and  the  homes  of  its  wrecking  crew.  Said  company  also  to 
have  the  privilege  of  extending  said  wires  between  said  points 
to  the  houses  of  said  crew  along  the  line  of  said  wires. 

No.  62.  Passed  August  23,  1897. 

Granting-  the  Pittsburg,  Cincinnati,  Chicago  & St.  Louis  Railway 
Company  permission  to  lay  two  sidetracks  across  Butler  Street 
into  the  property  of  the  Adams  Express  Company,  and  for  the 
benefit  of  the  latter  company. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati: 

SEC.  1.  That  there  is  hereby  granted  to  the  Pittsburg,  Cin- 
cinnati, Chicago  & St.  Louis  Railway  Company  permission  to 
lay  two  sidetracks  into  the  property  of  the  Adams  Express 
Company  across  Butler  Street,  in  location  described  as  follows  : 
Beginning  at  a point  on  the  west  line  of  Butler  Street  sixty- 
six  feet  south  of  the  south  line  of  Friendship  Alley,  thence 
eastwardlv  to  a point  on  the  east  curb-line  of  Butler  Street 
sixty-five  feet  south  of  the  south  line  of  Friendship  Alley  ex- 
tended ; also  beginning  at  a point  on  the  west  line  of  Butler 
Street  seventy-seven  and  one  half  feet  south  of  the  south  line 
of  Friendship  Alley,  thence  eastwardly  by  a curve  of  three 
hundred  and  forty  feet  radius  to  a point  sixty-nine  and  one 
half  feet  south  of  the  south  line  of  Friendship  Alley  extended, 
upon  the  following  terms  and  conditions  : 

First — The  portion  of  the  pavement  taken  up  for  the  con- 
struction of  the  tracks  therein  shall  be  carefully  replaced  ; no 
change  of  grade  shall  be  made  without  the  consent  of  the  Board 
of  Legislation;  any  manholes,  inlets,  or  other  appurtenances 
of  the  sewerage  system  of  the  city  which  may  be  disturbed 


Ordinances  of  the  City  of  Cincinnati 


329 


shall  be  replaced.  All  of  said  work  shall  be  done  under  the 
direction  of  the  Board  of  Administration  and  the  engineer  of 
the  Board  of  Administration,  and  the  cost  thereof  shall  be  paid 
by  the  said  Pittsburg,  Cincinnati,  Chicago  & St.  Louis  Railway 
Company. 

Second — For  the  privilege  granted  to  the  above-named 
company,  the  said  company  agrees  to  keep  the  street  in  good 
repair  between  the  rails  of  the  said  tracks  and  three  feet  out- 
side of  each  of  the  rails  thereof ; and  if  the  company  shall  fail 
to  keep  the  street  in  good  order  as  above,  then  it  shall  be  the 
duty  of  the  Board  of  Administration  to  have  the  work  done  at 
their  expense ; and  if  they  refuse  or  fail  to  pay  into  the  city 
treasury  the  amount  necessary  to  put  them  in  repair  for  ten 
days  after  such  work  is  done,  then  the  Board  of  Administration 
may  prevent  such  company  from  using  the  street  by  removing 
the  rails  therefrom. 

Third — At  no  time  shall  said  Pittsburg,  Cincinnati,  Chicago 
& St.  Louis  Railway  Company  cause  or  permit  any  obstruction 
by  cars  of  the  free  passage  for  vehicles  or  pedestrians  of  the 
street  and  sidewalk,  the  crossing  of  which  by  their  tracks  is 
thus  permitted.  Said  tracks  shall  always  be  kept  free  of  cars, 
save  those  in  motion. 

Fourth — The  Pittsburg,  Cincinnati,  Chicago  & St.  Louis 
Railway  Company,  for  and  in  consideration  of  the  privilege 
to  cross  the  street  named  in  the  first  section  of  this  ordinance 
for  the  purpose  therein  expressed,  shall  covenant  and  agree  to 
pay  to  the  said  city  of  Cincinnati  the  sum  of  one  dollar. 

Fifth  — Said  company  shall  execute  a bond  to  the  city  of 
Cincinnati,  in  the  sum  of  one  thousand  dollars,  to  save  the 
city  harmless  and  free  from  all  claims  for  damages  that  may 
accrue  and  be  lawfully  established  by  reason  of  the  laying  of 
said  tracks  across  said  street,  and  for  the  faithful  compliance 
with  all  and  singular  the  provisions  of  this  ordinance. 


330 


Ordinances  of  the  City  of  Cincinnati 


No.  85.  Passed  October  25,  1897. 

To  provide  for  the  stopping-  of  street  cars  and  other  public  convey- 
ances at  crossing-s  of  steam  railroad  tracks  other  than  at  grade. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati : 

Sec.  1.  That  all  street  cars,  omnibuses,  and  other  vehicles 
for  the  conveyance  of  passengers  for  hire  within  the  city  of 
Cincinnati  be  required  to  stop  at  not  less  than  one  hundred 
feet  from  every  crossing  of  steam  railroad  tracks,  where  said 
tracks  run  over  and  above  the  route  of  any  street  railroad  or 
other  public  conveyance  by  means  of  a bridge  or  otherwise. 

Sec.  2.  Said  street  cars  or  other  public  conveyance  shall 
remain  at  a standstill  within  said  hundred  feet  until  any 
locomotive  or  train  of  cars  shall  entirely  have  passed  such 
crossing. 

Sec.  3.  That  the  owner  or  operator  of  any  street-car  line 
or  other  line  of  public  conveyance  violating  the  provisions  of 
this  ordinance  shall  be  fined  in  a sum  not  exceeding  fifty  dollars 
upon  conviction  in  the  Police  Court. 

No.  152.  Passed  March  7,  1898. 

Granting  permission  to  the  Cleveland,  Cincinnati,  Chicago  & St. 
Louis  Bailway  Company  to  lay  a track  across  Harriet  Street, 
north  of  Sixth  Street. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincumati : 

Sec.  1.  That  permission  be  and  the  same  is  hereby  granted 
to  the  Cleveland,  Cincinnati,  Chicago  & St.  Louis  Railway 
Company  to  lay  a track  of  standard  gauge  across  Harriet  Street, 
north  of  Sixth  Street,  as  per  attached  drawings,  subject  to  the 
following  conditions  : 

First — The  track  hereby  authorized  shall  conform  to  the 
present  surface  of  that  portion  of  Harriet  Street  in  which  it 
is  laid. 

Second — The  Cleveland,  Cincinnati,  Chicago  & St.  Louis 
Railway  Company  shall  lay  and  maintain  said  track  in  such 
manner  that  wagons  and  other  vehicles  may  conveniently 


Ordinances  of  the  City  of  Cincinnati 


331 


cross  over  it,  and  that  the  drainage  shall  in  no  way  be  inter- 
fered with. 

Third — That  said  track  shall  be  laid  under  the  direction 
and  provision  and  to  the  satisfaction  of  the  chief  engineer  of 
the  Board  of  Administration. 

No.  201.  Passed  June  27,  1898. 

Granting-  to  the  Baltimore  & Ohio  Southwestern  Railway  Company 
permission  to  lay  a single  track  in  and  across  Park  Street  into 
the  yards  of  the  Great  Western  Marble  Works,  at  the  northwest 
corner  of  Second  and  Park  streets. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati : 

Sec.  1.  That  permission  be  and  the  same  is  hereby  granted 
to  the  Baltimore  & Ohio  Southwestern  Railway  Company  to 
lay  down  a single  track  or  switch  of  their  road  of  standard 
gauge  to  accommodate  the  business  of  the  Great  Western 
Marble  Works,  as  follows,  viz.  : Beginning  at  a point  in 

the  company’s  tracks  on  the  north  side  of  Second  Street 
east  of  Park  Street,  and  thence  across  Park  Street  west- 
wardly  to  a point  on  the  west  line  of  Park  Street  in  said 
company’s  yard. 

First — The  portion  of  the  pavement  taken  up  necessary  to 
place  the  road  or  switch  thereon  to  be  carefully  put  down 
again.  Said  track  shall  conform  with  the  grade  of  the  streets. 
The  said  company  shall,  immediately  after  laying  the  track, 
restore  the  street  where  disturbed  by  it  to  its  present  good 
condition,  and  shall  keep  that  portion  of  the  street  lying  be- 
tween the  rails  of  the  track  and  for  a distance  of  three  feet 
outside  of  each  of  the  rails  thereof  in  good  repair,  and  maintain 
all  necessary  crossings  under  said  track  ; and  if  said  company 
shall  remove  said  track  from  said  street  it  shall  restore  said 
street  to  good  repair  and  perfect  condition  ; and  all  work  done 
on  said  street  in  connection  with  said  tracks  to  be  done  to 
the  satisfaction  and  under  the  direction  and  supervision  of  the 
chief  engineer  of  the  Board  of  Administration  or  its  successors, 
and  at  the  expense  of  the  said  company. 

Second — Said  Baltimore  & Ohio  Southwestern  Railway 


332 


Ordinances  of  the  City  of  Cincinnati 


Company  to  pay  all  damages  that  may  result  to  property  in 
any  way  by  their  occupancy  of  said  street,  and  in  no  case  shall 
any  change  of  grade  be  made  without  the  consent  of  the  Board 
of  Legislation. 

Third — The  rail  to  be  used  to  be  of  the  most  improved  kind, 
and  to  be  put  down  in  such  a manner  as  to  leave  the  surface 
of  the  street  as  nearly  level  as  possible,  so  as  to  offer  as  little 
obstruction  to  vehicles  passing  over  and  along  the  street  as  the 
nature  of  the  improvement  will  admit ; the  pattern  and  style 
of  the  rail  to  be  submitted  to  the  Board  of  Administration  or 
its  successors,  and  to  be  approved  by  it  before  being  placed 
on  the  street. 

Fourth — The  city  to  have  the  right  of  allowing  any  present 
or  future  railway  company  to  use  said  track  upon  such  terms 
as  may  be  agreed  upon  between  such  railroad  companies  and 
the  Board  of  Legislation  or  its  successors ; and  should  any 
question  arise  between  the  above-named  company  and  any 
other  company  or  companies  with  which  the  Board  of  Legis- 
lation or  its  successors  may  have  entered  into  an  agreement 
for  privilege  to  use  said  track,  then  the  Board  of  Legislation 
or  its  successors  to  be  the  umpire  to  decide  between  them,  from 
whose  decision  there  shall  be  no  appeal. 

Fifth — The  hours  which  said  track  may  be  used  shall  be 
from  6 o’clock  p.  m.  to  6 o’clock  a.  m.,  and  no  cars  are  to  be 
drawn  on  the  track  at  any  other  hours. 

Sixth — For  the  privilege  granted  to  the  above-named  com- 
pany to  use  the  streets  as  above  it  agrees  on  its  part  to  keep 
the  streets  in  good  repair  for  all  that  portion  lying  between  the 
rails  of  said  track  and  three  feet  on  the  outside  of  each  rail, 
and  to  pay  the  costs  of  relaying  such  pavement  and  gutters  as 
are  necessary  to  be  taken  up  ; and  if  the  above-named  com- 
pany to  whom  this  grant  is  made  fails  to  keep  such  street  or 
streets  occupied  by  its  track  in  good  order,  then  it  shall  be  the 
duty  of  the  Board  of  Administration  or  its  successors  to  have 
the  work  done  at  its  expense  ; and  if  it  refuses  or  fails  to  pay 
into  the  city  treasury  the  amount  necessary  to  put  them  in 


Ordinances  of  the  City  of  Cincinnati 


333 


repair  for  ten  days  after  such  work  is  done,  then  the  Board 
of  Administration  or  its  successors  may  prevent  such  company 
from  using  the  streets  by  removing  the  rails  therefrom. 

Seventh — The  Baltimore  & Ohio  Southwestern  Railway 
Company  shall  furnish  to  the  Board  of  Legislation  a statement 
of  the  exact  amount  of  the  cost  of  said  track,  which  shall  be 
sworn  to,  of  all  moneys  expended  by  said  company  in  the  con- 
struction of  said  track,  so  as  to  place  the  city  in  possession  of 
such  information,  to  be  used,  if  found  necessary,  as  a basis  of 
what  shall  be  a fair  compensation  to  be  paid  by  other  companies 
for  the  privilege  of  using  said  track,  in  the  event  that  said 
companies  can  not  agree  as  to  compensation,  if  it  becomes 
necessary  for  the  Board  of  Legislation  or  its  successors  to  arbi- 
trate, as  provided  in  paragraph  fourth  herein. 

Eighth — The  city  shall  not  be  liable  to  the  Baltimore  & 
Ohio  Southwestern  Railway  Company  or  to  any  other  company 
under  this  agreement  in  any  damage  for  delay  or  interruption, 
if  any  there  be,  for  such  time  as  may  be  necessary  to  lay  down 
water-  or  gas  - pipes,  or  for  constructing  any  sewer  that  the 
city  may  by  resolution  or  ordinance  authorize  to  be  built ; 
nor  shall  any  thing  in  this  agreement  be  construed  to  pass 
from  the  city  full  and  complete  control  of  the  streets  in  which 
this  grant  authorizes  a railroad  track  to  be  laid,  but  her  control 
is  as  full  and  complete  as  if  no  grant  had  been  given,  subject 
to  the  express  condition  to  use  the  streets  in  the  manner  and 
for  the  purpose  named. 

Ninth — The  extent  of  the  grant  under  this  ordinance  is  for 
the  term  of  fifteen  years  from  the  passage  hereof,  and  may  be 
renewed  upon  such  terms  and  conditions  as  the  Board  of  Legis- 
lation or  its  snccessors  may  prescribe ; but  said  track  shall  be 
subject  to  removal  at  any  time  by  order  of  the  Board  of  Admin- 
istration or  Board  of  Legislation  or  their  successors ; and  after 
two  weeks’  notice  to  so  remove  said  track  from  said  streets, 
and  to  restore  the  said  streets  to  good  repair,  the  city  may 
remove  said  track  and  restore  said  street  at  the  expense  of  said 
company  , upon  the  failure  of  said  company  so  to  do. 


334 


Ordinances  of  the  City  of  Cincinnati 


Tenth  — The  Baltimore  & Ohio  Southwestern  Railway 
Company,  for  and  in  consideration  of  the  privilege  of  using 
the  streets  named  in  the  first  section  of  this  ordinance  for 
the  purpose  herein  expressed,  shall  covenant  and  agree  to 
pay  the  said  city  of  Cincinnati  the  sum  of  one  dollar  per 
annum. 

Eleventh — Should  the  Baltimore  & Ohio  Southwestern  Rail- 
way company,  in  laying  its  track  under  this  ordinance,  cross 
the  tracks  of  any  street  railroad  company  or  the  tracks  of  any 
other  company,  the  said  Baltimore  & Ohio  Southwestern  Rail- 
way Company  must  obtain  the  consent  and  permission  of  said 
company  to  cross  its  tracks. 

Twelfth — Said  company  shall  execute  a bond  to  the  city 
of  Cincinnati,  in  the  sum  of  three  thousand  dollars,  to  save  the 
city  harmless  from  any  and  all  claims  for  damages  that  may 
accrue  and  be  lawfully  established  by  reason  of  the  laying  of 
said  track  across  said  Park  Street,  and  for  the  faithful  perform- 
ance of  all  and  singular  the  provisions  of  this  ordinance. 

No.  366.  Passed  July  31,  1899. 

Granting-  permission  to  the  Baltimore  & Ohio  Southwestern  Railroad 
Company  to  lay  four  tracks  across  Central  Avenue. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati: 

Sec.  1.  That  permission  be  and  the  same  is  hereby  granted 
to  the  Baltimore  & Ohio  Southwestern  Railroad  Company  to 
lay  four  tracks  for  railroad  purposes  across  Central  Avenue  in 
said  city  of  Cincinnati,  between  the  north  line  of  Second  Street 
and  a point  in  Central  Avenue  midway  between  said  north 
line  of  Second  Street  and  the  south  line  of  South  Pearl  Street, 
connecting  with  said  railroad  company’s  tracks  now  located  on 
the  west  side  of  Central  Avenue. 

Sec.  2.  Said  tracks  shall  be  constructed  under  the  direction 
and  to  the  satisfaction  of  the  chief  engineer  of  the  Board  of  City 
Affairs  of  said  city,  and  shall  be  so  constructed  as  not  to  inter- 
fere with  the  ordinary  use  or  drainage  of  said  street. 


Ordinances  of  the  City  of  Cincinnati  335 

SEC.  3.  Said  railroad  company  shall  lay  and  cause  to  be 
placed  and  maintained  between  the  rails  and  within  two  and  a 
half  inches  thereof,  for  the  full  width  of  the  street-crossing,  a 
planking  of  sound  oak  plank,  securely  spiked  to  the  crossties  ; 
said  planking  to  be  of  the  same  thickness  as  the  depth  of  the 
rail,  so  that  the  surface  of  the  planking  shall  be  flush  with  the 
top  of  the  rail ; and  oak  planking  not  less  than  four  inches 
wide,  and  of  the  same  thickness  as  that  between  the  rails,  shall 
be  firmly  spiked  to  the  crossties  against  the  outer  edge  of  both 
rails,  flush  with  the  top  thereof,  throughout  the  entire  width 
of  the  street  occupied  by  said  tracks.  The  said  railroad  com- 
pany may  pave  said  crossing  with  asphalt,  brick,  cement,  or 
other  material  as  will  be  approved  by  the  Board  of  City  Affairs 
and  its  chief  engineer,  and  shall  keep  the  same  at  all  times  in  a 
safe  condition  and  proper  repair ; and  on  failure  of  the  railroad 
company  so  to  do,  after  five  days’  notice,  the  city  shall  have 
the  right  to  make  the  necessary  repairs  and  collect  the  expense 
of  the  same  from  said  railroad  company.  The  railroad  company 
shall  raise  or  lower  their  tracks,  at  their  own  expense,  to  con- 
form with  any  change  of  grade  that  may  be  made  in  said  street 
at  a point  where  it  crosses  the  same. 

Sec.  4.  Said  railroad  company  shall  not  cause  or  permit 
any  car  or  cars  or  locomotives  to  block  said  avenue  between 
the  hours  of  6 o’clock  A.  m.  and  8:30  a.  m.,  nor  between  the 
hours  of  4 o’clock  p.  m.  and  6:30  p.  m.;  nor  shall  said  railroad 
company  cause  or  permit  said  avenue  to  be  blocked  or  obstructed 
at  any  other  time  by  cars  or  locomotives  standing  thereon  to 
the  hindrance  or  inconvenience  of  travelers  or  any  person  or 
vehicle  along  or  upon  said  avenue  for  a longer  period  than  five 
minutes.  Said  railroad  company  shall  be  required  to  maintain 
a watchman  at  said  avenue-crossing  while  switching  is  being 
done  thereon. 


386 


Ordinances  of  the  City  of  Cincinnati 


No.  367.  Passed  July  31,  1899. 

Granting-  permission  to  the  Cleveland,  Cincinnati,  Chicag-o  & St.  Louis 
Railway  Company  to  lay  four  tracks  across  Central  Avenue. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati : 

Sec.  1.  That  permission  be  and  the  same  is  hereby  granted 
to  the  Cleveland,  Cincinnati,  Chicago  & St.  Touis  Railway 
Company  to  lay  four  tracks  for  railroad  purposes  across  Central 
Avenue,  in  said  city  of  Cincinnati,  between  the  south  line  of 
South  Pearl  Street  and  a point  in  Central  Avenue  midway 
between  the  south  line  of  South  Pearl  Street  and  the  north  line 
of  Second  Street,  connecting  said  railway  company’s  tracks  now 
located  on  the  west  side  of  Central  Avenue. 

SEC.  2.  Said  tracks  shall  be  constructed  under  the  direction 
and  to  the  satisfaction  of  the  chief  engineer  of  the  Board  of  City 
Affairs  of  said  city,  and  shall  be  so  constructed  as  not  to  inter- 
fere with  the  ordinary  use  or  drainage  of  said  street. 

Sec.  3.  Said  railway  company  shall  lay  and  cause  to  be 
placed  and  maintained  between  the  rails  and  within  two  and 
one  half  inches  thereof,  for  the  full  width  of  the  street-crossing, 
a planking  of  sound  oak  plank,  securely  spiked  to  the  crossties; 
said  planking  to  be  of  the  same  thickness  as  the  depth  of  the 
rail,  so  that  the  surface  of  the  planking  shall  be  flush  with  the 
top  of  the  rail ; and  oak  planking  not  less  than  four  inches 
wide,  and  of  the  same  thickness  as  that  between  the  rails, 
shall  be  firmly  spiked  to  the  crossties  against  the  outer 
edge  of  both  rails,  flush  with  the  top  thereof,  throughout 
the  entire  width  of  the  street  occupied  by  said  tracks.  The 
said  railway  company  may  pave  said  crossing  with  asphalt, 
brick,  cement,  or  other  material  as  will  be  approved  by  the 
Board  of  City  Affairs  and  its  chief  engineer,  and  shall  keep 
the  same  at  all  times  in  a safe  condition  and  proper  repair ; 
and  on  failure  of  the  railway  company  so  to  do,  after  five 
days’  notice,  the  city  shall  have  the  right  to  make  the  neces- 
sary repairs  and  collect  the  expense  of  the  same  from  said 
railway  company.  The  railway  company  shall  raise  or  lower 
their  tracks,  at  their  own  expense,  to  conform  with  any  change 


337 


Ordinances  of  the  City  of  Cincinnati 

of  grade  that  may  be  made  in  said  street  at  said  point  where 
it  crosses  the  same. 

SEC.  4.  Said  railway  company  shall  not  cause  or  permit 
any  car  or  cars  or  locomotives  to  block  said  avenue  between 
the  hours  of  6 o’clock  A.  m.  and  8:30  A.  m.,  nor  between  the 
hours  of  4 o’clock  p.  m.  and  6:30  p.  m.;  nor  shall  said  railway 
company  cause  or  permit  said  avenue  to  be  blocked  or  obstructed 
at  any  other  time  by  cars  or  locomotives  standing  thereon  to 
the  hindrance  or  inconvenience  of  travelers  or  any  person  or 
vehicle  along  or  upon  said  avenue  for  a longer  period  than  five 
minutes.  Said  railway  company  shall  be  required  to  maintain 
a watchman  at  said  avenue-crossing  while  switching  is  being 
done  thereon. 

1\To  4-97  Passed  November  27,  1899,  and  approved  over  Mayor’s 
* disapproval  February  19.  1900. 

Granting  to  the  Baltimore  & Ohio  Southwestern  Railroad  Company 
permission  to  lay  a single  track  with  turnouts  and  lateral  switches 
on  Valley  Street,  Lilac  Street,  Marshall  Avenue,  and  intersecting 
streets  in  the  City  of  Cincinnati,  Ohio. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati : 

SEC.  1.  That  the  Baltimore  & Ohio  Southwestern  Railroad 
Company  be  and  is  hereby  granted  permission  to  construct  and 
lay  down  a single  track  with  turnouts  and  lateral  switches  from 
time  to  time  as  may  be  needed  to  accommodate  the  business 
of  the  various  factories  and  other  business  enterprises  located 
upon  lands  abutting  upon  said  Valley,  Lilac,  and  Township 
streets  and  Marshall  Avenue,  as  follows  : Beginning  at  the 
south  end  of  said  Valley  Street,  four  hundred  and  sixty-eight 
feet,  more  or  less,  south  of  Queen-City  Avenue  ; thence  north- 
wardly within  the  lines  of  said  Valley  Street  and  Lilac  Street 
crossing  Queen -City  Avenue,  Draper  Street,  Alfred  Street, 
Straight  Street,  Marshall  Avenue,  and  Township  Street;  also 
on  Marshall  Avenue,  between  the  right  of  way  of  the  said  Bal- 
timore & Ohio  Southwestern  Railroad  Company  and  the  west 
line  of  Spring-Grove  Avenue,  with  such  turnouts  and  switches 


338 


Ordinances  of  the  City  of  Cincinnati 


to  the  lines  of  the  abutting  lots  as  may  from  time  to  time  be 
requested  by  the  owners  thereof,  and  such  as  may  be  necessary 
to  connect  said  main  switch -lines  on  Marshall  Avenue  and 
Valley  Street ; and  said  railroad  company  is  hereby  empowered 
to  operate  cars  thereon  by  steam  or  other  motive  power  ; the 
said  grant,  however,  to  be  subject  to  the  following  terms  and 
conditions  : 

First — The  portion  of  the  pavement,  sidewalk,  curves,  and 
gutters  necessary  to  be  taken  up  in  crossing  any  intersecting 
street  as  now  or  hereafter  improved  to  be  carefully  recon- 
structed in  the  most  improved  manner,  so  as  to  leave  the  street 
and  said  crossing  as  near  level  and  as  free  from  obstruction  to 
travel  as  possible  ; the  said  work  at  such  crossing  to  be  done 
under  the  direction  of  the  engineer  of  the  city  of  Cincinnati 
and  at  the  cost  of  said  railroad  company. 

Second — The  track  of  said  main  switch  and  its  turn- 
outs and  branch  switches  are  to  be  laid  in  the  most  improved 
manner  by  said  railroad  company  to  the  established  grade 
of  said  streets,  upon  a roadway  constructed  and  maintained 
of  gravel,  dirt,  or  other  like  earth  material  to  the  width  on 
the  top  of  said  roadway  on  all  of  said  streets  of  not  less  than 
eighteen  feet,  with  such  culvert  and  waterways  as  the  civil 
engineer  of  said  city  may  direct,  the  entire  cost  thereof  to  be 
paid  by  said  railroad  company. 

Third — That  if  the  said  Marshall  Avenue,  Valley,  Lilac,  or 
any  street  intersecting  therewith  shall  hereafter  be  improved, 
then  the  said  railroad  company  shall  bear  and  pay  the  cost 
and  expense  of  making,  paving,  and  keeping  in  repair  in  like 
manner  that  portion  of  said  improved  streets  or  intersections 
lying  between  the  rails  of  said  track,  switches,  and  turnouts 
and  three  feet  on  the  outside  thereof ; and  if  said  company  (or 
its  successors  or  assigns)  to  whom  this  grant  is  made  fails  as 
aforesaid  to  make  and  keep  said  portions  of  said  streets  and 
intersections  in  repair  and  pay  the  costs  thereof,  then  it  shall 
be  the  duty  of  the  Board  of  City  Affairs  or  its  successors  to 
have  the  said  work  done  at  the  expense  of  the  said  railroad 


Ordinances  of  the  City  of  Cincinnati 


339 


company  ; and  if  it  fail  or  refuse  to  pay  into  the  city  treasury 
the  amount  necessary  to  make  such  construction  or  repair 
for  ten  days  after  such  work  is  done,  then  said  Board  of  City 
Affairs  or  its  successors  may  prevent  such  company  from  using 
said  streets  by  removing  the  rails  therefrom. 

Fourth — That  railway  cars  may  remain  standing  on  said 
line  of  track  for  the  purpose  of  being  loaded  and  unloaded  ; 
provided,  however,  that  no  cars  shall  be  permitted  to  remain 
standing  and  obstruct  any  improved  intersection  or  cross  street 
or  sidewalk,  nor  upon  the  line  of  said  track,  after  the  street 
therefor  has  been  improved  to  its  full  width,  except  for  a 
reasonable  time  to  load  and  unload  their  freight. 

Fifth — The  city  of  Cincinnati  reserves  the  right  of  full 
control  and  occupancy  of  said  streets  and  every  part  thereof 
for  the  construction  of  any  sewer,  gas,  water,  electric,  tele- 
phone, telegraph,  or  other  conduits,  and  for  all  purposes  of 
street  and  public  way  improvements,  and  shall  not  be  liable 
to  said  railroad  or  its  successors  for  any  damage  for  delay  or 
interruption  of  its  traffic,  if  any  there  be,  for  such  time  as  may 
be  necessary  to  make  any  such  public  improvement. 

Sixth — The  said  Baltimore  & Ohio  Southwestern  Railroad 
Company  is  not  relieved  by  this  grant  from  liability  for  any 
damages  that  may  result  to  the  property  abutting  thereon 
caused  by  its  occupancy  of  said  streets  for  railroad  purposes, 
and  in  no  case  shall  any  change  of  grade  be  made  thereof 
without  the  consent  of  the  said  Board  of  Legislation. 

Seventh — The  said  company  shall  execute  a bond  to  the 
city  of  Cincinnati,  in  the  sum  of  twenty-five  thousand  dollars, 
to  save  said  city  harmless  from  all  claims  for  damages  that 
may  accrue  and  be  lawfully  established  against  it  by  reason 
of  this  grant  and  the  occupancy  of  said  streets,  and  for  the 
faithful  performance  of  all  and  singular  the  provisions  of  this 
ordinance. 

Eighth — That  this  ordinance  shall  take  effect  and  be  in 
force  from  and  after  the  earliest  period  allowed  by  law,  and 
that  said  railroad  company  shall  make  a substantial  beginning 


340 


Ordinances  of  the  City  of  Cincinnati 


of  said  switch  improvement  within  three  months,  and  shall 
substantially  complete  the  same  within  fifteen  months  from  the 
date  of  the  passage  of  this  ordinance  ; and  provided  further 
that  in  the  event  of  its  failure  to  so  begin  and  complete  the 
same  within  the  aforesaid  limitation,  then  this  grant  and  all 
rights  under  the  same  shall  become  void  and  of  no  effect. 

No.  843.  Passed  April  28,  1902. 

Granting-  permission  to  the  Baltimore  & Ohio  Southwestern  Rail- 
road Company  to  lay  and  maintain  a single  spur-track  in  Front 
Street,  from  a point  in  its  main  track  about  forty-five  feet  east 
of  the  west  line  of  Freeman  Avenue  to  the  north  line  of  Front 
Street  about  one  hundred  and  forty-two  feet  west  of  the  north- 
west corner  of  Front  Street  and  Freeman  Avenue,  in  the  City  of 
Cincinnati,  Ohio. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati: 

Sec.  1.  That  permission  be  and  the  same  hereby  is  granted 
to  the  Baltimore  & Ohio  Southwestern  Railroad  Company  to 
construct,  lay  down,  and  maintain  a single  spur-track  in  Front 
Street,  in  said  city  of  Cincinnati,  from  a point  in  the  main  track 
of  said  railroad  company  in  said  Front  Street,  about  forty-five 
feet  east  of  the  west  line  of  Freeman  Avenue  extended  to  said 
main  track,  and  extending  thence  on  a curve  to  the  right  and 
in  a northwesterly  direction  to  a point  in  the  north  line  of 
Front  Street  about  one  hundred  and  forty-two  feet  west  of  the 
northwest  corner  of  Front  Street  and  Freeman  Avenue  to  the 
property  to  be  occupied  by  the  Cincinnati  Iron  Store  Company, 
and  said  railroad  company  is  hereby  empowered  to  operate  cars 
thereon  by  steam  or  other  motive  power. 

Sec.  2.  Said  spur-track  shall  be  constructed  under  the 
direction  and  to  the  satisfaction  of  the  chief  engineer  of  the 
Board  of  Public  Service  of  said  city. 


Ordinances  of  the  City  of  Cincinnati 


341 


No.  906.  Passed  August  4,  1902. 

Granting-  to  the  Baltimore  & Ohio  Southwestern  Railroad  Company- 
permission  to  lay  and  maintain  a single  - track  switch,  crossing 
Queen-City  Avenue,  from  its  track  in  Valley  Street  north  of 
Queen-City  Avenue  into  the  property  of  Joseph  Joseph  & Brothers 
south  of  Queen-City  Avenue  and  east  of  Valley  Street. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati : 

Sec.  1.  That  permission  is  hereby  granted  to  the  Baltimore 
& Ohio  Southwestern  Railroad  Company  to  lay  and  maintain  a 
single-track  switch  from  its  track  in  Valley  Street,  commencing 
at  a point  about  one  hundred  and  thirty  feet  north  of  Queen- 
City  Avenue  and  continuing  southwardly  on  the  east  side  of 
Valley  Street  and  crossing  Queen-City  Avenue  at  a distance  of 
about  twenty-five  feet,  on  the  center  line,  from  the  center  line 
of  the  Valley-street  track,  and  entering  the  property  of  Joseph 
Joseph  & Brothers  at  a point  about  ten  feet  east  of  the  southeast 
corner  of  Queen-City  Avenue  and  Valley  Street. 

Sec.  2.  Said  single-track  switch  thus  authorized  to  be  laid 
shall  be  laid  under  the  control  and  direction  of  the  Board  of 
Public  Service  of  the  city  of  Cincinnati. 

SEC.  3.  The  Baltimore  & Ohio  Southwestern  Railroad 
Company  shall  restore  to  perfect  condition  the  gutters,  side- 
walks, and  granite  pavement  of  Queen-City  Avenue  that  may 
be  disturbed  by  the  laying  of  such  switch  across  said  avenue, 
such  restoration  to  be  under  the  direction  and  to  the  entire 
satisfaction  of  the  Board  of  Public  Service  and  its  chief 
engineer. 

SEC.  4.  Such  track,  as  laid  and  maintained,  shall  not  be 
used  for  the  transportation  of  cars  by  Joseph  Joseph  & Brothers 
or  by  any  railroad  company  between  the  hours  of  5:30  and  8:30 
o’clock  a.  m.  and  4:30  and  7:30  o’clock  p.  m.  At  no  time  shall 
the  use  of  such  track  for  the  transportation  of  cars  cause  any 
interruption  of  ordinary  traffic  or  travel  upon  said  Queen-City 
Avenue  of  more  than  three  minutes. 

Sec.  5.  Said  the  Baltimore  & Ohio  Southwestern  Railroad 
Company  shall  execute  a bond  to  the  city  of  Cincinnati,  to  the 


342 


Ordinances  of  the  City  of  Cincinnati 


satisfaction  of  the  Board  of  Public  Service  thereof,  in  the  sum 
of  five  thousand  dollars,  to  save  the  city  harmless  from  any  and 
all  claims  for  damages  that  may  accrue  and  be  lawfully  estab- 
lished by  reason  of  said  track,  and  for  its  compliance  with  all 
and  singular  the  terms  of  this  ordinance. 

No.  978.  Passed  November  17,  1902. 

To  abolish  Harrison-avenue  grade  crossing-  on  the  line  of  the  Balti- 
more & Ohio  Southwestern  Railroad  and  the  Cincinnati,  Hamilton 
& Dayton  Railroad  within  the  corporate  limits  of  the  City  of  Cin- 
cinnati, under  the  authority  of  an  act  of  the  General  Assembly 
of  Ohio,  passed  May  2,  1902,  entitled  “An  act  to  abolish  grade 
crossing's  in  municipal  corporations.” 

Be  it  or  darned  by  the  Board  of  Legislation  of  Cincinnati: 

Sec.  1.  That  in  the  opinion  of  the  Board  of  Legislation  of 
the  city  of  Cincinnati  it  is  necessary  to  abolish  the  Harrison- 
avenue  grade  crossing  on  the  line  of  the  Baltimore  & Ohio 
Southwestern  Railroad  and  the  Cincinnati,  Hamilton  & Dayton 
Railroad  within  the  limits  of  the  city  of  Cincinnati,  in  accord- 
ance with  the  authority  conferred  in  an  act  passed  by  the 
General  Assembly  of  Ohio  on  May  2,  1902,  entitled  “An  act 
to  abolish  grade  crossings  in  municipal  corporations.” 

SEC.  2.  The  grade  crossing  of  said  railway  companies  which 
it  is  hereby  declared  the  purpose  and  intention  of  the  Board 
of  Legislation  to  abolish,  by  raising  or  lowering  the  tracks  of 
said  railway  companies,  or  by  the  construction  of  such  ways 
and  crossings  as  will  accomplish  the  abolishment  of  said  grade 
crossing,  is  at  Harrison  Avenue  within  the  corporate  limits  of 
the  city  of  Cincinnati. 

Sec.  3.  The  Baltimore  & Ohio  Southwestern  Railway  Com- 
pany and  the  Cincinnati,  Hamilton  & Dayton  Railway  Company 
are  hereby  required,  in  accordance  with  the  terms  of  the  act 
of  the  General  Assembly  above  referred  to,  to  prepare  and  sub- 
mit to  the  Board  of  Legislation,  within  six  months  from  the 
passage  of  this  ordinance,  and  in  cooperation  with  the  engineer 
of  the  city  of  Cincinnati,  known  as  the  “ superintendent  of  track 
elevation,”  plans  and  specifications  for  the  abolishment  of  said 


Ordinances  of  the  City  of  Cincinnati 


343 


grade  crossing  and  for  any  and  all  improvements  necessary  to 
accomplish  this  end,  specifying  the  grades  to  be  established 
for  the  streets,  and  the  height,  character,  and  estimated  cost  of 
any  viaduct  or  any  way  above  or  below  any  railroad  tracks, 
and  the  change  of  grade  required  to  be  made  for  such  tracks, 
including  sidetracks  and  switches. 

SEC.  4.  The  cost  of  the  improvement  and  all  proceedings 
as  to  the  same,  both  before  and  after  the  submission  of  said 
plans  and  specifications,  shall  be  in  accordance  with  the  pro- 
visions of  the  act  of  the  General  Assembly  above  referred  to. 

No.  986.  Passed  November  24,  1902. 

Granting-  to  the  Baltimore  & Ohio  Southwestern  Railroad  Company- 
permission  to  lay  a switch  track  at  Front  and  Mill  streets,  Cin- 
cinnati, Ohio. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati: 

SEC.  1.  That  the  Baltimore  & Ohio  Southwestern  Railroad 
Company  be  and  it  hereby  is  granted  permission  to  construct 
and  lay  down  a switch  or  spur-track  at  Front  and  Mill  streets, 
the  same  beginning  at  a point  in  the  present  connection  track 
of  said  railroad  in  the  center  of  Front  Street,  the  said  point 
lying  about  one  hundred  and  twenty-five  feet  west  of  the  west- 
erly side  of  Mill  Street ; thence  from  said  beginning  point  by 
a curved  line  and  southeasterly  direction  for  a distance  of  about 
one  hundred  and  eighty-five  feet  to  the  easterly  side  of  Mill 
Street,  as  shown  on  plat  hereto  attached. 

Sec.  2.  Said  switch  or  spur -track  shall  be  constructed 
under  the  direction  and  to  the  satisfaction  of  the  city  engineer 
of  the  said  city,  and  shall  be  so  constructed  as  not  to  interfere 
with  the  ordinary  use  or  drainage  of  the  street. 

SEC.  3.  Said  track  shall  conform  to  the  grade  of  the  street, 
and  said  railroad  company  shall,  immediately  after  laying  the 
track  thereon,  restore  the  street  where  disturbed  by  it  to  its 
present  condition. 


344 


Ordinances  of  the  City  of  Cincinnati 


No.  1063.  Passed  March  23,  1903. 

Authorizing-  the  Cincinnati,  New  Orleans  & Texas  Pacific  Railway 
Company  to  lay  a track  on  McLean  Avenue,  with  turnouts. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati : 

Sec.  1.  That  permission  and  authority  are  hereby  granted 
to  the  Cincinnati,  New  Orleans  & Texas  Pacific  Railway  Com- 
pany, lessee  of  the  Cincinnati  Southern  Railway,  to  lay  a track 
in  McLean  Avenue,  turning  out  from  the  main  track  of  the 
Cincinnati  Southern  Railway  on  its  west  side  one  hundred  feet 
south  of  the  south  line  of  Gest  Street,  and  to  continue  the  same 
by  curves  and  tangents  to  a point  one  hundred  and  fifty  feet 
north  of  the  north  line  of  Eighth  Street ; and  also  to  lay  two 
switches  or  turnout  tracks  from  the  aforesaid  track,  one  begin- 
ning at  a point  four  hundred  and  three  feet  south  of  the  south 
line  of  Gest  Street  and  turning  into  private  property  on  the 
west  side  of  McLean  Avenue,  and  the  second  switch  beginning 
six  hundred  and  fifty-five  feet  south  of  the  south  line  of  Gest 
Street  and  turning  out  westwardly  to  and  along  the  center  line 
of  Ninth  Street  to  a point  two  hundred  and  thirty  feet  west  of 
the  west  line  of  McLean  Avenue,  in  accordance  with  plat  sub- 
mitted herewith. 

Sec.  2.  That  said  track  and  switches  shall  be  laid  under 
the  direction  and  supervision  and  to  the  satisfaction  of  the 
Board  of  Public  Service  and  its  chief  engineer. 

No.  119.  Passed  August  24,  1903. 

Granting-  to  the  Baltimore  & Ohio  Southwestern  Railroad  Company 
permission  to  lay  a single  track  on  Front  Street,  and  to  lay  four 
tracks  across  Park  Alley  and  Mill  Street  north  of  Front  Street. 

Be  it  ordained  by  the  Council  of  the  City  of  Cincinnati , State  of  Ohio : 

Sec.  1.  That  permission  be  and  the  same  hereby  is  granted 
to  the  Baltimore  & Ohio  Southwestern  Railroad  Company  to 
lay  one  track  of  standard  gauge  for  railroad  purposes  on  West 
Front  Street,  and  also  to  lay  four  tracks  of  standard  gauge  for 
railroad  purposes  across  Park  Alley  and  Mill  Street,  in  said 


Ordinances  of  the  City  of  Cincinnati 


345 


city  of  Cincinnati ; said  tracks  being  more  particulary  described 
as  follows  : Commencing  at  a point  in  the  present  track  in 
Front  Street  about  twenty-five  feet  west  of  Ramsey  Street ; 
thence  by  a single  track  from  said  beginning  point,  in  a 
northerly  and  easterly  direction,  for  a distance  of  about  one 
hundred  and  fifty  feet  to  the  northerly  line  of  Front  Street  and 
to  private  property ; thence  crossing  private  property  and 
widening  out  to  four  tracks  and  crossing  Park  Alley  to  the 
westerly  side  of  Mill  Street ; thence  crossing  Mill  Street  with 
four  tracks  in  an  easterly  and  westerly  direction,  and  connect- 
ing with  the  new  freight  - houses  to  the  easterly  side  of  Mill 
Street,  as  shown  on  the  plat  filed  by  said  the  Baltimore  & Ohio 
Southwestern  Railroad  Company. 

Sec.  2.  Said  tracks  shall  be  constructed  under  the  direction 
and  to  the  satisfaction  of  the  chief  engineer  of  the  Board  of 
Public  Service  of  the  city  of  Cincinnati,  and  shall  be  so  con- 
structed as  to  not  interfere  with  the  ordinary  use  or  drainage 
of  said  street. 

Sec.  3.  Said  railroad  company  shall  lay  and  cause  to  be 
placed  and  maintained  between  the  rails  and  within  two  and 
one  half  inches  thereof,  for  the  full  width  of  the  crossings  of 
said  streets  and  alleys,  a planking  of  sound  oak  plank,  securely 
spiked  to  the  crossties ; said  planking  to  be  of  the  same  thick- 
ness as  that  of  the  rail,  so  that  the  surface  of  the  planking 
shall  be  flush  with  the  top  of  the  rail ; and  oak  planking  not 
less  than  four  inches  in  width,  and  of  the  same  thickness  as  that 
between  the  rails,  shall  be  firmly  spiked  to  the  crossties  against 
the  outer  edge  of  both  rails,  flush  with  the  top  thereof,  through- 
out the  entire  width  of  the  streets  occupied  by  said  tracks. 
The  said  railroad  company  may  pave  said  crossings  with  asphalt, 
brick,  cement,  granite,  or  other  material  as  will  be  approved 
by  the  Board  of  Public  Service  and  its  chief  engineer,  and 
shall  keep  the  same  at  all  times  in  a safe  condition  and  proper 
repair. 


346 


Ordinances  of  the  City  of  Cincinnati 


No.  444.  Passed  March  19,  1900. 

Authorizing-  the  Cincinnati,  Hamilton  & Dayton  Railway  Company 
to  lay  a track  across  Cherry  Street. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati : 

Sec.  1.  That  permission  and  authority  are  hereby  granted 
to  the  Cincinnati,  Hamilton  & Dayton  Railway  Company  to 
lay  one  track  for  railroad  purposes  across  Cherry  Street,  as 
indicated  on  the  plan  or  drawing  hereto  attached,  between 
Cooper  Street  and  Hoffner  Street. 

Sec.  2.  Said  track  shall  be  constructed  under  the  direction 
and  to  the  satisfaction  of  the  chief  engineer  of  the  Board  of 
City  Affairs  of  said  city,  and  shall  be  so  constructed  as  not  to 
interfere  with  the  ordinary  use  or  drainage  of  said  street. 

SEC.  3.  The  said  railroad  company  shall  lay  and  maintain 
between  the  rails  and  within  two  and  one  half  inches  thereof, 
for  the  full  width  of  the  street-crossing,  a planking  of  sound 
oak  plank,  securely  spiked  to  the  crossties ; said  plank  to  be 
of  the  same  thickness  as  the  depth  of  the  rail,  so  that  the 
surface  of  the  planking  shall  be  flush  with  the  top  of  the  rail  ; 
and  an  oak  plank  not  less  than  four  inches  wide,  and  of  the 
same  thickness  as  that  between  the  rails,  shall  be  firmly  spiked 
to  the  crossties  against  the  outer  edge  of  both  rails,  flush  with 
the  top  thereof,  throughout  the  entire  length  of  the  street  occu- 
pied by  said  tracks.  The  railroad  company  shall  raise  or  lower 
their  tracks,  at  their  own  expense,  to  conform  with  any  change 
of  grade  that  may  be  made  in  said  street  at  said  point  where  it 
crosses  the  same. 

SEC.  4.  Ordinance  No.  35,  entitled  “An  ordinance  author- 
izing the  Cincinnati,  Hamilton  & Dayton  Railroad  Company 
to  lay  a track  across  Cherry  Street,”  passed  July  18,  1890,  is 
hereby  repealed  ; the  sole  intent  and  purpose  of  this  ordinance 
being  to  change  the  location  of  the  track  or  switch  now  cross- 
ing Cherry  Street,  which  was  constructed  by  virtue  of  the 
permission  given  by  said  Ordinance  No.  35,  to  a point  fifty  feet 
further  north  of  its  present  crossing  of  said  street. 


Ordinances  of  the  City  of  Cincinnati 


347 


No.  47.  Passed  June  15,  1903. 

Authorizing1  laying  of  two  tracks  across  Powers  Street. 

Be  it  ordained  by  the  Council  of  the  City  of  Cincinnati , State  of  Ohio : 

SEC.  1.  Permission  is  hereby  granted  the  Cincinnati,  Ham- 
ilton & Dayton  Railway  Company  to  lay  two  tracks  across 
Powers  Street,  as  follows  : One  sidetrack  on  the  east  side  of 
the  northbound  main  track  of  said  railway  company,  crossing 
Powers  Street  on  a two-degree  curve,  fifteen  feet  east  of  the 
center  of  said  main  track  ; one  switch  leading  from  said  side- 
track to  the  factory  of  the  Randle  Machinery  Company,  cross- 
ing Powers  Street  on  a ten-degree  curve,  thirty  feet  east  of  the 
center  of  said  main  track  on  the  north  line  of  Powers  Street 
and  thirty-five  feet  on  the  south  line  of  Powers  Street,  subject 
to  the  following  terms  and  conditions  : 

First — Said  tracks  shall  be  laid  and  maintained  so  that 
wagons  and  other  vehicles  may  conveniently  cross  over  them. 

Second — Said  tracks  shall  be  laid  to  the  satisfaction  and 
under  the  direction  and  supervision  of  the  chief  engineer  of  the 
Board  of  Public  Service  of  the  city  of  Cincinnati. 

NC).  528.  Passed  August  14,  1900. 

Granting  to  the  Cleveland,  Cincinnati,  Chicago  & St.  Louis  Railway 
Company  the  right  to  lay  and  maintain  a single  railroad  track 
of  standard  gauge  to  connect  the  property  of  the  Chatfield  & 
Woods  Company,  fronting  on  the  north  side  of  Pearl  Street  and 
the  east  side  of  Plum  Street,  with  the  tracks  in  South  Pearl  Street 
of  the  Cleveland,  Cincinnati,  Chicago  & St.  Louis  Railroad. 

Whereas  the  Chatfield  & Woods  Company  of  Cincinnati, 
Ohio,  proposes  to  erect  a substantial  fireproof  warehouse  of 
six  or  more  stories  on  its  property  on  the  northeast  corner 
of  Plum  and  Pearl  streets,  with  frontage  on  both  streets 
named  ; and  whereas  it  is  essential  to  the  business  of  this 
company  that  there  should  be  established  and  maintained 
a single  railroad  track  of  standard  gauge  to  connect  said 
warehouse  with  the  tracks  in  South  Pearl  Street  of  the 
Cleveland,  Cincinnati,  Chicago  & St.  Louis  Railroad  : There- 


348 


Ordinances  of  the  City  of  Cincinnati 


fore  be  it  ordained  by  the  Board  of  Legislation  of  the  city  of 
Cincinnati : 

Sec.  1.  That  permission  is  hereby  granted  to  the  Cleve- 
land, Cincinnati,  Chicago  & St.  Louis  Railway  Company  to 
lay  and  to  maintain  a single  track  of  standard  gauge  to  connect 
the  south  front  of  the  warehouse  of  the  Chatfield  & Woods 
Company,  at  the  northeast  corner  of  Plum  and  Pearl  streets, 
with  the  tracks  of  the  Cleveland,  Cincinnati,  Chicago  & St. 
Louis  Railroad  in  South  Pearl  Street,  in  accordance  with  the 
following  terms  and  conditions  : 

First — Said  track  shall  be  constructed  under  the  direction 
and  to  the  satisfaction  of  the  chief  engineer  of  the  Board  of 
Public  Service  of  Cincinnati,  Ohio,  in  such  manner  as  not  to 
interfere  with  the  present  grades  of  either  Plum  or  Pearl  Street, 
nor  with  the  ordinary  uses  or  drainage  of  said  streets. 

Second — The  center  line  of  such  track  shall  be,  as  nearly  as 
practicable,  as  follows  : Beginning  at  a point  eighty-four  feet 
west  of  the  west  line  of  Plum  Street,  and  tangent  to  a line 
parallel  with  and  five  and  one  half  feet  south  of  the  south  line 
of  South  Pearl  Street ; running  thence  on  a curve  to  the  left, 
and  having  a radius  of  two  hundred  and  thirty  feet,  intersecting 
the  south  line  of  South  Pearl  Street  at  a point  thirty-four  feet 
west  of  the  west  line  of  Plum  Street ; crossing  Plum  Street 
and  intersecting  the  north  line  of  North  Pearl  Street  at  a point 
sixty-five  feet  east  of  the  east  line  of  Plum  Street,  and  becoming 
tangent  to  a line  parallel  with  and  eighty  feet  east  of  the  east 
line  of  Plum  Street. 

Third — Said  the  Cleveland,  Cincinnati,  Chicago  & St.  Louis 
Railway  Company  shall,  in  the  laying  of  said  track,  cause  to 
be  placed  and  maintained  between  the  rails  thereof  and  to 
within  two  and  one  half  inches  thereof  on  either  side  a plank- 
ing of  sound  oak  plank,  securely  spiked  to  the  crossties,  said 
planking  to  be  of  the  same  thickness  as  the  depth  of  the  rail, 
so  that  the  surface  of  the  planking  shall  be  flush  with  the  top 
of  the  rail  ; and  oak  planking  not  less  than  four  inches  wide, 
and  of  the  same  thickness  as  that  between  the  rails,  shall  be 


349 


Ordinances  of  the  City  of  Cincinnati 

securely  spiked  to  the  crossties  against  the  outer  edge  of  each 
rail,  flush  with  the  top  thereof,  so  that  there  may  be  no  inter- 
ference with  ordinary  traffic  and  travel  on  said  streets  on  account 
of  the  laying  and  maintenance  of  such  track. 

Fourth  — Such  track,  as  thus  laid  and  maintained,  shall 
not  be  used  for  the  transportation  of  cars  by  said  the  Chat- 
field  & Woods  Company  or  by  any  railroad  company  between 
the  hours  of  6 and  8 : 30  o’clock  A.  m.  and  4 : 30  and  6 : 30 
o’clock  p.  m.  At  no  time  shall  the  use  of  such  track  for  the 
transportation  of  cars  cause  any  interruption  of  said  streets 
in  the  matter  of  ordinary  traffic  or  travel  of  more  than  three 
minutes. 

Fifth — Said  the  Cleveland,  Cincinnati,  Chicago  & St.  Louis 
Railway  Company  shall  execute  a bond  to  the  city  of  Cincinnati, 
to  the  satisfaction  of  the  Board  of  Public  Service  thereof,  in  the 
sum  of  five  thousand  dollars,  to  save  the  city  harmless  from 
any  and  all  claims  for  damages  that  may  accrue  and  be  lawfully 
established  by  reason  of  said  track,  and  for  its  compliance  with 
all  and  singular  the  terms  of  this  ordinance. 

No.  931.  Passed  September  16,  1902. 

To  authorize  the  Cleveland,  Cincinnati,  Chicago  & St.  Louis  Railway 
Company  to  lay  a railroad  track  across  Sixth  Street,  west  of  Carr 
Street,  in  the  City  of  Cincinnati,  Ohio. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati : 

Sec.  1.  That  permission  be  and  the  same  is  hereby  granted 
to  the  Cleveland,  Cincinnati,  Chicago  & St.  Louis  Railway 
Company  to  lay  a railroad  track  of  standard  gauge  from  its 
yards  on  the  north  side  of  Sixth  Street,  west  of  Carr  Street, 
across  said  Sixth  Street  to  the  south  side  of  said  Sixth  Street, 
and  into  or  connecting  with  the  buildings  now  situated  or 
hereafter  to  be  erected  on  the  south  side  of  said  Sixth  Street. 
The  location  of  said  track  shall  be  as  follows  : The  center 
line  of  said  railroad  track  being  one  hundred  and  eight  feet 
west  of  the  west  line  of  Carr  Street  and  parallel  therewith, 
and  subject  to  the  following  terms  and  conditions  : 


350 


Ordinances  of  the  City  of  Cincinnati 


First — Said  railway  company  shall  take  up  and  remove 
from  said  Sixth  Street  its  railroad  track  located  thereon  under 
and  by  virtue  of  Ordinance  539,  passed  June  9,  1893. 

Second — Said  track  to  be  laid  under  and  by  virtue  of  this 
ordinance  shall  conform  to  the  grade  of  the  street,  and  said 
company  shall  immediately  after  laying  the  track  restore  the 
street  where  disturbed  by  them  to  its  present  good  condition, 
and  shall  keep  that  portion  of  the  street  lying  between  the 
rails  of  the  track  and  one  foot  outside  of  each  of  the  rails 
thereof  in  good  repair,  and  maintain  all  necessary  crossings 
or  gutters  under  said  track  ; and  if  said  company  shall  remove 
said  track  from  said  street  it  shall  restore  said  street  to  good 
repair  and  perfect  condition  ; and  all  work  done  on  said  street 
in  connection  with  said  tracks  to  be  done  under  the  direction 
and  supervision  of  the  chief  engineer  of  the  Board  of  Public 
Service  and  at  the  expense  of  the  said  company. 

Third — Said  company  shall  lay  said  track  in  such  manner 
that  wagons  and  other  vehicles  may  conveniently  cross  the 
same  ; and  in  case  of  any  change  of  grade  in  said  street  where 
such  tracks  are  laid,  said  company  shall  immediately  lay  the 
tracks  to  conform  to  the  grade  as  changed  at  its  own  expense. 

Fourth — Said  track  shall  be  subject  to  removal  at  any 
time  by  order  of  the  Board  of  Public  Service  or  Board  of 
Legislation  ; and  after  two  weeks’  notice  to  so  remove  said 
track  from  said  street  and  to  restore  the  said  street  to  good 
repair,  the  city  may  remove  said  track  and  restore  said  street, 
upon  the  failure  of  said  company  so  to  do,  at  the  expense  of 
said  company. 

Fifth — Said  company  shall  execute  a bond  to  the  city  of 
Cincinnati,  in  the  sum  of  three  thousand  dollars,  to  save  the 
city  harmless  from  any  and  all  claims  for  damages  that  may 
accrue  and  be  lawfully  established  by  reason  of  the  laying  of 
said  tracks  across  said  Sixth  Street,  and  for  the  faithful  com- 
pliance with  all  and  singular  the  provisions  of  this  ordinance. 

Sixth — Said  company  shall  not  be  allowed  to  occupy  or 
obstruct  said  Sixth  Street  with  its  cars  longer  than  three 


Ordinances  of  the  City  of  Cincinnati 


351 


minutes  at  any  one  time,  and  shall  not  unnecessarily  obstruct 
said  street  at  any  time. 

SEC.  2.  That  Ordinance  No.  539,  passed  June  9,  1893,  be 
and  the  same  is  hereby  repealed,  and  that  this  ordinance  shall 
take  effect  and  be  in  force  from  and  after  its  passage  and  the 
acceptance  of  its  terms  and  conditions  in  writing  filed  with 
the  clerk  of  this  board  by  said  railway  company. 

No.  1038.  Passed  February  9,  1903. 

To  authorize  the  Cleveland,  Cincinnati,  Chicago  & St.  Louis  Railway 
Company  to  lay  two  railroad  tracks  across  Sixth  Street,  west  of 
Carr  Street,  in  the  City  of  Cincinnati,  Ohio. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati : 

SEC.  1.  That  permission  be  and  the  same  is  hereby  granted 
to  the  Cleveland,  Cincinnati,  Chicago  & St.  kouis  Railway  Com- 
pany to  lay  two  railroad  tracks  of  standard  gauge  from  its  yards 
on  the  north  side  of  Sixth  Street,  west  of  Carr  Street,  across  said 
Sixth  Street  to  the  south  side  of  said  Sixth  Street,  and  into 
or  connecting  with  the  buildings  now  situated  or  hereafter  to 
be  erected  on  the  south  side  of  said  Sixth  Street.  The  location 
of  said  tracks  shall  be  as  follows  : The  center  line  of  the  first 
of  said  railroad  tracks  shall  be  one  hundred  and  forty-one  feet 
west  of  the  west  line  of  Carr  Street,  and  the  center  line  of  the 
second  track  shall  be  one  hundred  and  fifty-five  feet  west  from 
the  west  line  of  Carr  Street,  and  both  of  said  tracks  shall  be 
parallel  with  said  Carr  Street ; and  the  grant  and  permission 
herein  given  shall  be  subject  to  the  following  terms  and 
conditions. 

First — Said  tracks  to  be  laid  under  and  by  virtue  of  this 
ordinance  shall  conform  to  the  grade  of  the  street,  and  said 
company  shall  immediately  after  the  laying  of  the  tracks 
restore  the  street  where  disturbed  by  them  to  its  present 
condition,  and  shall  keep  that  portion  of  the  street  lying 
between  the  rails  of  the  tracks  and  one  foot  outside  of  each 
of  the  rails  thereof  in  good  repair,  and  maintain  all  necessary 
crossings  or  gutters  under  said  tracks  ; and  if  said  company 


3o2 


Ordinances  of  the  City  of  Cincinnati 

shall  remove  said  tracks  from  said  street  it  shall  restore  said 
street  to  good  repair  and  perfect  condition  ; and  all  work  done 
on  said  street  in  connection  with  said  tracks  to  be  done  under 
the  direction  and  supervision  of  the  chief  engineer  of  the  Board 
of  Public  Service  and  at  the  expense  of  said  company. 

Secojid — Said  company  shall  lay  said  tracks  in  such  manner 
that  wagons  and  other  vehicles  may  conveniently  cross  the 
same ; and  in  case  of  any  change  of  grade  in  said  street 
where  such  tracks  are  laid,  said  company  shall  immediately 
lay  the  tracks  to  conform  to  the  grade  as  changed  at  its  own 
expense. 

Third — Said  company  shall  execute  a bond  to  the  city  of 
Cincinnati,  in  the  sum  of  three  thousand  dollars,  to  save  the 
city  harmless  from  any  and  all  claims  for  damages  that  may 
accrue  and  be  lawfully  established  by  reason  of  the  laying  of 
said  tracks  across  said  Sixth  Street,  and  for  the  faithful  com- 
pliance with  all  and  singular  the  provisions  of  this  ordinance. 

SEC.  2.  That  Ordinance  No.  931,  passed  September  16, 1902, 
be  and  the  same  is  hereby  repealed,  and  that  this  ordinance  shall 
take  effect  and  be  and  remain  in  force  from  and  after  its  passage 
and  the  acceptance  of  its  terms  and  conditions  in  writing  filed 
with  the  clerk  of  this  board  by  said  railway  company. 

No.  616.  Passed  January  21,  1901. 

Granting-  to  the  Pittsburg-,  Cincinnati,  Chicag-o  & St.  Louis  Railway 
Company,  operating-  the  Cincinnati  Street  Connection  Railway, 
the  rig-ht  to  lay  and  maintain  a track  connecting-  the  Elm-street 
front  of  the  premises  of  the  W.  F.  Robertson  Steel  and  Iron 
Company  with  the  track  in  Front  Street  of  the  Cincinnati  Street 
Connection  Railway. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati: 

Sec.  1.  That  the  right  is  hereby  granted  to  the  Pittsburg, 
Cincinnati,  Chicago  & St.  Louis  Railway  Company,  operating 
the  Cincinnati  Street  Connection  Railway,  to  lay  and  maintain 
in  Front  and  Elm  streets  a switch  track  that  shall  connect  the 
premises  of  the  W.  F.  Robertson  Steel  and  Iron  Company 
at  their  frontage  on  the  west  side  of  Elm  Street,  extending 


Ordinances  of  the  City  of  Cincinnati 


353 


south  from  Front  Street,  with  the  track  in  Front  Street  of 
the  Cincinnati  Street  Connection  Railway,  upon  the  following 
terms  and  conditions  : 

First — Said  track  shall  be  laid  under  the  direction  and  to 
the  satisfaction  of  the  chief  engineer  of  the  Board  of  Public 
Service  of  Cincinnati,  in  accordance  with  the  accompanying 
plat  (which  is  made  a part  of  this  ordinance  for  purpose  of 
reference),  and  in  such  manner  as  not  to  interfere  with  the 
ordinary  usage  or  drainage  of  the  portions  of  Front  and  Elm 
streets  that  it  shall  occupy. 

Second — Said  track  shall  extend  from  the  point  in  the 
Cincinnati  Street  Connection  Railway  designated  in  the  plat 
hereto  attached,  in  a southwesterly  and  southerly  direction, 
to  a point  in  the  west  side  of  Elm  Street  opposite  the  south 
line  of  the  premises  of  said  W.  F.  Robertson  Steel  and  Iron 
Company. 

Third — Said  the  Pittsburg,  Cincinnati,  Chicago  & St.  Louis 
Railway  Company,  operating  the  Cincinnati  Street  Connection 
Railway,  shall  in  the  laying  of  said  track  cause  to  be  placed 
between  the  rails  thereof,  and  to  within  two  and  one  half 
inches  thereof  on  either  side,  a planking  of  sound  oak  plank, 
securely  spiked  to  the  crossties ; said  planking  to  be  of  the 
same  thickness  as  the  depth  of  the  rail,  so  that  the  surface 
of  the  planking  shall  be  flush  with  the  top  of  the  rail ; and 
oak  planking  not  less  than  four  inches  in  width,  and  of  the 
same  thickness  as  that  between  the  rails,  shall  be  securely 
spiked  to  the  crossties  against  the  outer  edge  of  each  rail,  flush 
with  the  top  thereof,  so  that  there  may  be  no  interference  with 
ordinary  traffic  and  travel  on  said  portions  of  said  streets  on 
account  of  the  laying  and  maintenance  of  said  track. 

Fourth  — Said  track  as  thus  laid  and  maintained  shall 
be  used  in  transferring  cars  to  and  from  the  frontage  of  the 
W.  F.  Robertson  Steel  and  Iron  Company,  on  the  west  side 
of  Elm  Street,  only  at  such  times  and  during  such  hours  as 
are  now  allowed  for  the  use  of  the  connection  track  in  Front 
Street. 


354 


Ordinances  of  the  City  of  Cincinnati 


Fifth — Said  the  Pittsburg,  Cincinnati,  Chicago  & St.  Louis 
Railway  Company  shall  execute  a bond  to  the  city  of  Cincinnati, 
to  the  satisfaction  of  the  Board  of  Public  Service  thereof,  in  the 
sum  of  five  thousand  dollars,  to  save  the  city  harmless  from 
any  and  all  claims  for  damages  that  may  accrue  and  be  lawfully 
established  by  reason  of  said  track,  and  for  its  compliance  with 
all  and  singular  the  terms  of  this  ordinance. 

No.  754.  Passed  October  21,  1901. 

Granting-  to  the  Pittsburg,  Cincinnati,  Chicago  & St.  Louis  Railway 
Company  the  right  to  lay  and  maintain  a track  connecting  the 
Eggleston-avenue  front  of  the  premises  of  the  I.  & E.  Greenwald 
Company  with  the  track  in  Eggleston  Avenue. 

Re  it  ordained  by  the  Board  of  Legislation  of  Cincinnati : 

Sec.  1.  That  the  right  is  hereby  granted  to  the  Pittsburg, 
Cincinnati,  Chicago  & St.  Louis  Railway  Company  to  lay  and 
maintain  in  Eggleston  Avenue  a switch-track  that  shall  con- 
nect the  premises  of  the  I.  & E.  Greenwald  Company,  at  their 
frontage  on  the  west  side  of  Eggleston  Avenue,  with  the 
track  now  in  Eggleston  Avenue,  upon  the  following  terms  and 
conditions  : 

First — Said  track  shall  be  laid  under  the  direction  and  to 
the  satisfaction  of  the  chief  engineer  of  the  Board  of  Public 
Service  of  Cincinnati,  in  accordance  with  the  accompanying 
plat  (which  is  made  a part  of  this  ordinance  for  the  purpose 
of  reference),  and  in  such  manner  as  not  to  interfere  with  the 
ordinary  usage  or  drainage  of  the  portion  of  Eggleston  Avenue 
that  it  shall  occupy. 

Second — Said  track  shall  extend  from  the  point  in  the 
Eggleston-avenue  main  track,  designated  in  the  plat  attached 
hereto,  in  a southeasterly  direction  to  a point  in  the  west  side 
of  Eggleston  Avenue,  opposite  the  south  line  of  the  premises 
of  the  I.  & E.  Greenwald  Company. 

Third — Said  the  Pittsburg,  Cincinnati,  Chicago  & St.  Louis 
Railway  Company  shall  in  the  laying  of  said  track  cause  to 
be  placed  between  the  rails  thereof,  and  to  within  two  and 


Ordinances  of  the  City  of  Cincinnati 


355 


one  half  inches  thereof  on  either  side,  a planking  of  sound 
oak  plank,  securely  spiked  to  the  crossties,  said  planking  to 
be  of  the  same  thickness  as  the  depth  of  the  rail,  so  that  the 
surface  of  the  planking  shall  be  flush  with  the  top  of  the  rail ; 
and  oak  planking  not  less  than  four  inches  in  width,  and  of 
the  same  thickness  as  that  between  the  rails,  shall  be  securely 
spiked  to  the  crossties  against  the  outer  edge  of  each  rail, 
flush  with  the  top  thereof,  so  that  there  may  be  no  interference 
with  ordinary  traffic  on  said  portion  of  said  street  on  account 
of  the  laying  and  maintenance  of  said  track. 

Fourth — Said  track  as  thus  laid  and  maintained  shall  be 
used  in  transferring  cars  to  and  from  the  frontage  of  the  I.  & E. 
Greenwald  Company,  on  the  west  side  of  Eggleston  Avenue, 
only  at  such  times  and  during  such  hours  as  are  now  allowed 
for  the  use  of  the  track  in  Eggleston  Avenue. 

Fifth — Said  the  Pittsburg,  Cincinnati,  Chicago  & St.  Louis 
Railway  Company  shall  execute  a bond  to  the  city  of  Cincin- 
nati, to  the  satisfaction  of  the  Board  of  Public  Service  thereof, 
in  the  sum  of  five  thousand  dollars,  to  save  the  city  harmless 
from  any  and  all  claims  for  damages  that  may  accrue  and  be 
lawfully  established  by  reason  of  said  track,  and  for  its  com- 
pliance with  all  and  singular  the  terms  of  this  ordinance. 

No.  881.  Passed  June  30,  1902. 

To  abolish  grade  crossings  along  the  line  of  the  Pittsburg,  Cincinnati, 
Chicago  & St.  Louis  Railroad  within  the  corporate  limits  of  the 
City  of  Cincinnati,  under  the  authority  of  an  act  of  the  General 
Assembly  of  Ohio,  passed  May  2,  1902,  entitled  “An  act  to  abolish 
grade  crossings  in  municipal  corporations.” 

Be  it  ordained  by  the  Board  of  Legislatio?i  of  Cincinnati : 

SEC.  1.  That  in  the  opinion  of  the  Board  of  Legislation 
of  the  city  of  Cincinnati  it  is  necessary  to  abolish  the  grade 
crossings  along  the  line  of  the  Pittsburg,  Cincinnati,  Chicago 
& St.  Louis  Railway  within  the  limits  of  the  city  of  Cincinnati, 
in  accordance  with  the  authority  conferred  in  an  act  passed  by 
the  General  Assembly  of  Ohio  on  May  2,  1902,  entitled  “An  act 
to  abolish  grade  crossings  in  municipal  corporations.” 


356 


Ordinances  of  the  City  of  Cincinnati 


SEC.  2.  The  grade  crossings  of  said  railway  company  which 
it  is  hereby  declared  the  purpose  and  intention  of  the  Board  of 
Legislation  to  abolish,  by  raising  or  lowering  the  tracks  of  said 
railway  company,  or  by  the  construction  of  such  ways  and 
crossings  as  will  accomplish  the  abolishment  of  said  grade 
crossings,  are  at  the  following  points  within  the  corporate 
limits  of  the  city  of  Cincinnati:  1.  Niagara  Street;  2.  Crane 
Street;  3.  Eastern  Avenue,  “Rookwood  crossing”;  4.  Lither- 
bury  Street ; 5.  Broad  Street ; 6.  Walden  Street ; 7.  Brooklyn 
Street ; 8.  Hazen  Street ; 9.  Hartshorn  Street  ; 10.  Vance 
Street ; 11.  Harrell  Street ; 12.  Torrence  Road  ; 13.  Foster 
Street ; 14.  Saint  Andrew’s  Avenue ; 15.  Audubon  Street ; 
16.  Eastern  Avenue,  ‘‘Delta  crossing”;  17.  Taylor  Avenue; 
18.  Congress  Avenue;  19.  Footway  opposite  Tusculum  Avenue; 
20.  Donham  Avenue  ; 21.  Tennyson  Street ; 22.  McCullough 
Street ; 23.  Carrel  Street  ; 24.  Carter  Street ; 25.  Davis  Lane  ; 
26.  Beechmont  Avenue,  “Union -levee  crossing”;  27.  Elmer 
Street ; 28.  Eastern  Avenue,  “ Wooster-pike  crossing.” 

Sec.  3.  The  Pittsburg,  Cincinnati,  Chicago  & St.  Louis 
Railway  Company  is  hereby  required,  in  accordance  with  the 
terms  of  the  act  of  the  General  Assembly  above  referred  to,  to 
prepare  and  submit  to  the  Board  of  Legislation,  within  six 
months  from  the  passage  of  this  ordinance,  and  in  cooperation 
with  the  engineer  of  the  city  of  Cincinnati  known  as  the 
“superintendent  of  track  elevation,”  plans  and  specifications 
for  the  abolishment  of  said  grade  crossings,  and  for  any  and  all 
improvements  necessary  to  accomplish  this  end,  specifying  the 
grades  to  be  established  for  the  streets,  and  the  height,  character, 
and  estimated  cost  of  any  viaduct  or  any  way  above  or  below 
any  railroad  tracks,  and  the  change  of  grade  required  to  be 
made  for  such  tracks,  including  sidetracks  and  switches. 

SEC.  4.  The  cost  of  the  improvement  and  all  proceedings 
as  to  the  same,  both  before  and  after  the  submission  of  said 
plans  and  specifications,  shall  be  in  accordance  with  the  pro- 
visions of  the  act  of  the  General  Assembly  above  referred  to. 


Ordinances  of  the  City  of  Cincinnati 


357 


No.  923.  Passed  August  18,  1902. 

Granting  permission  to  the  Little  Miami  Railroad  Company  to  cross 
Niagara  Street. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati : 

SEC.  1.  That  permission  be  and  the  same  is  hereby  granted 
to  the  Little  Miami  Railroad  Company  to  extend  the  sidetracks 
leading  to  Brown  & Patterson’s  grain  and  hay  building  across 
Niagara  Street,  immediately  south  of  the  tracks  of  said  com- 
pany now  crossing  said  street. 

No.  1078.  Passed  April  27,  1903. 

Authorizing  the  Pittsburg,  Cincinnati,  Chicago  & St.  Louis  Railway 
Company  to  construct  sidetracks  in  Water  Street,  between  Main 
and  Walnut  streets. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati: 

That  whereas  the  switching  facilities  on  Water  Street 
between  Main  and  Walnut  streets  are  insufficient  to  take  care 
of  the  business  of  shippers  located  in  this  territory,  on  account 
of  there  being  but  one  track  located  in  the  middle  of  the 
street,  which  must  be  used  as  a main  track  for  the  interchange 
of  cars  between  6 p.  m.  and  6 A.  m.  : 

Now,  therefore,  the  said  Pittsburg,  Cincinnati,  Chicago  & 
St.  Louis  Railway  Company  is  hereby  authorized  to  construct 
and  use,  for  a period  of  two  years  after  the  date  of  completion 
of  said  track,  for  the  benefit  of  these  shippers  a sidetrack  along 
the  north  side  of  Water  Street,  commencing  at  a point  fifty 
feet  west  of  Main  Street  in  the  track  now  located  in  the  center 
of  Water  Street ; thence  along  the  north  side  of  Water  Street 
to  the  west  side  of  Walnut  Street,  same  to  be  an  extension  of 
the  track  which  is  already  constructed  and  used  by  the  James 
Heekin  Company  ; also  a sidetrack  commencing  at  a point  in 
the  track  now  located  in  the  center  of  Water  Street  about  one 
hundred  and  ten  feet  west  of  Main  Street ; thence  westwardly 
along  the  south  side  of  Water  Street  to  the  west  side  of  Walnut 
Street.  The  material  used  in  this  track  and  the  method  of 


358 


Ordinances  of  the  City  of  Cincinnati 


construction  to  be  the  same  as  has  already  been  provided  for 
other  sidetracks  built  in  this  territory.  Provided  that  there 
shall  be  placed  and  maintained  between  the  rails  thereof,  and 
to  within  two  and  one  half  inches  thereof  on  either  side,  a 
planking  of  sound  oak  plank,  securely  spiked  to  the  crossties, 
said  planking  to  be  of  the  same  thickness  as  the  depth  of  the 
rail,  so  that  the  surface  of  the  planking  shall  be  flush  with  the 
top  of  the  rail  ; and  oak  planking  not  less  than  four  inches 
wide,  and  of  the  same  thickness  as  that  between  the  rails,  shall 
be  securely  spiked  to  the  crossties  against  the  outer  edge  of 
each  rail  and  flush  with  the  top  thereof.  The  company  ac- 
cepting under  this  franchise  shall  restore  to  good  condition 
the  streets  and  sidewalks  where  disturbed,  and  keep  the  same 
in  good  repair  at  all  times  during  their  use  of  the  tracks  herein 
specified.  This  work  to  be  all  done  under  the  direction  and 
to  the  satisfaction  of  the  Board  of  Public  Service  and  its  chief 
engineer.  After  the  expiration  of  two  years  from  the  date 
hereof  the  Council  may  cause  the  removal  of  said  tracks,  or 
may  grant  to  any  other  company  the  use  thereof  upon  their 
payment  to  the  company  granted  this  right  a proper  proportion 
of  the  cost  of  laying  the  same. 

No.  223.  Passed  November  16,  1903. 

To  repeal  an  ordinance  entitled  “An  ordinance  granting-  to  the 
Pittsburg-,  Cincinnati,  Chicago  & St.  Louis  Railway  Company 
permission  to  lay  a track  to  accommodate  the  business  of  the 
Globe  Rolling  Mill  Company.” 

Be  it  ordained  by  the  Council  of  the  City  of  Cincin?iati,  State  of  Ohio : 

Sec.  1.  That  the  ordinance  numbered  29,  entitled  “An 
ordinance  granting  to  the  Pittsburg,  Cincinnati,  Chicago  & 
St.  Louis  Railway  Company  permission  to  lay  a track  to 
accommodate  the  business  of  the  Globe  Rolling  Mill  Com- 
pany, passed  June  1,  1903,  and  approved  by  the  mayor  of  the 
city  of  Cincinnati  June  4,  1903,  be  and  the  same  hereby  is 
repealed. 


Ordinances  of  the  City  of  Cincinnati 


359 


No.  120.  Passed  August  24,  1903. 

Granting-  permission  to  the  Pittsburg-,  Cincinnati,  Chicag-o  & St.  Louis 
Railway  Company  to  construct  and  maintain  a sing-le  spur-track 
in  Water  Street,  west  of  Central  Avenue. 

Be  it  ordained  by  the  Council  of  the  City  of  Cincinnati , State  of  Ohio: 

Sec.  1.  That  permission  be  and  is  hereby  granted  to  the 
Pittsburg,  Cincinnati,  Chicago  & St.  Louis  Railway  Company 
to  construct  and  maintain  a single  spur-track  in  Water  Street, 
in  the  city  of  Cincinnati,  from  a point  in  the  main  track  of  said 
railway  at  the  intersection  of  Central  Avenue  and  said  Water 
Street  westwardly  about  one  hundred  and  eighty-five  feet,  along 
the  north  side  of  Water  Street,  in  front  of  the  property  occu- 
pied by  F.  A.  Klaine  & Co.  And  said  railway  company  is 
empowered  to  operate  cars  thereon  by  steam  or  other  motive 
power. 

Sec.  2.  Said  spur-track  shall  be  constructed  in  accordance 
with  the  attached  drawings  and  under  the  directions  and  to  the 
satisfaction  of  the  chief  engineer  of  the  Board  of  Public  Service 
of  said  city.  The  material  to  be  used  in  the  laying  of  this 
track  and  the  method  of  construction  to  be  the  same  as  has 
already  been  provided  for  for  the  sidetracks  built  in  this 
territory;  provided  that  there  shall  be  placed  and  maintained 
between  the  rails  thereof  and  to  within  two  and  a half  inches 
thereof  on  either  side  a planking  of  oak  plank,  securely  spiked 
to  the  crossties,  said  planking  to  be  of  the  same  thickness  as 
the  depth  of  the  rail,  so  that  the  surface  of  the  plank  shall  be 
flush  with  the  top  of  the  rail.  An  oak  planking  not  less  than 
four  inches  in  width,  and  of  the  same  thickness  as  that  between 
the  rails,  shall  be  securely  spiked  to  the  crossties  against  the 
outer  edge  of  each  rail  and  flush  with  the  top  thereof.  The 
company  accepting  this  franchise  shall  restore  to  good  condi- 
tion the  streets  and  sidewalks  where  disturbed,  and  keep  the 
same  in  good  repair  at  all  times  of  their  use  of  the  tracks 
herein  specified  ; this  work  to  be  all  done  under  the  direction 
and  to  the  satisfaction  of  the  Board  of  Public  Service  and  its 
chief  engineer.  Council  may  cause  the  removal  of  said  tracks, 


360 


Ordinances  of  the  City  of  Cincinnati 


or  may  grant  to  any  other  company  the  use  thereof  upon  their 
payment  to  the  company  granted  this  right  the  proper  propor- 
tion of  the  cost  of  laying  the  same. 

No.  121.  Passed  August  24,  1903. 

Granting-  permission  to  the  Pittsburg-,  Cincinnati,  Chicag-o  & St.  Louis 
Railway  Company  to  construct  and  maintain  a single  track  in 
Water  Street,  commencing  two  hundred  and  fifty  feet  west  of 
the  west  line  of  Walnut  Street  and  running  east  to  the  west  line 
of  Walnut  Street. 

Be  it  ordained  by  the  Council  of  the  City  of  Cincinnati , State  of  Ohio: 

Sec.  1.  That  permission  be  and  the  same  is  granted  to  the 
Pittsburg,  Cincinnati,  Chicago  & St.  Louis  Railway  Company 
to  construct  and  maintain  a single  track  in  Water  Street,  off 
the  Street  Connection  Railway,  two  hundred  and  fifty  feet  west 
of  the  west  line  of  Walnut  Street  and  running  east  to  the  west 
line  of  Walnut  Street,  along  the  south  side  of  Water  Street. 

SEC.  2.  Said  spur-track  shall  be  constructed  in  accordance 
with  the  attached  drawings,  and  under  the  direction  and  to  the 
satisfaction  of  the  chief  engineer  of  the  Board  of  Public  Service 
of  said  city.  The  material  to  be  used  in  the  laying  of  this 
track  and  the  method  of  construction  to  be  the  same  as  has 
already  been  provided  for  the  sidetracks  built  in  this  territory; 
provided  that  there  shall  be  placed  and  maintained  between 
the  rails  thereof  and  to  within  two  and  one  half  inches  thereof 
on  either  side  a planking  of  oak  plank,  securely  spiked  to  the 
crossties,  said  planking  to  be  of  the  same  thickness  as  the  depth 
of  the  rail,  so  that  the  surface  of  the  plank  shall  be  flush  with 
the  top  of  the  rail.  An  oak  planking  not  less  than  four  inches 
in  width,  and  of  the  same  thickness  as  that  between  the  rails, 
shall  be  securely  spiked  to  the  crossties  against  the  outer  edge 
of  each  rail  and  flush  with  the  top  thereof.  The  company 
accepting  this  franchise  shall  restore  to  good  condition  the 
streets  and  sidewalks  where  disturbed,  and  keep  the  same  in 
good  repair  at  all  times  of  their  use  of  the  tracks  herein  speci- 
fied ; this  work  to  be  all  done  under  the  direction  and  to  the 


Ordinances  of  the  City  of  Cincinnati 


361 


satisfaction  of  the  Board  of  Public  Service  and  its  chief  engi- 
neer. Council  may  cause  the  removal  of  said  tracks,  or  may 
grant  to  any  other  company  the  use  thereof  upon  their  payment 
to  the  company  granted  this  right  the  proper  proportion  of  the 
cost  of  laying  the  same. 

No.  141.  Passed  September  14,  1903. 

Granting-  to  the  Pittsburg-,  Cincinnati,  Chicago  & St.  Louis  Railway 
Company  permission  to  lay  a turnout  switch  on  Eggleston  Avenue, 
near  Third  Street,  to  accommodate  the  business  of  the  Stewart 
Iron  Works. 

Be  it  ordained  by  the  Council  of  the  City  of  Cincinnati , State  of  Ohio : 

Sec.  1.  That  the  Pittsburg,  Cincinnati,  Chicago  & St.  Louis 
Railway  Company  be  and  it  hereby  is  granted  permission  to 
construct  the  spur-track  on  Eggleston  Avenue,  same  beginning 
at  a point  at  the  intersection  of  Third  Street  and  Eggleston 
Avenue,  and  curving  westwardly  on  to  the  property  of  the 
Stewart  Iron  Works,  as  shown  on  plat  hereto  attached. 

SEC.  2.  That  said  turnout  switch  on  Eggleston  Avenue 
near  Third  Street  shall  be  constructed  in  accordance  with  the 
attached  drawing,  and  under  the  direction  and  to  the  satis- 
faction of  the  chief  engineer  of  the  Board  of  Public  Service  of 
said  city.  The  material  to  be  used  in  the  laying  of  this  track 
and  the  method  of  construction  to  be  the  same  as  has  already 
been  provided  for  the  sidetracks  built  in  this  territory;  pro- 
vided that  there  shall  be  placed  and  maintained  between  the 
rails  thereof  and  to  within  two  and  one  half  inches  thereof  on 
either  side  a planking  of  oak  plank,  securely  spiked  to  the 
crossties,  said  planking  to  be  of  the  same  thickness  as  the  depth 
of  the  rail,  so  that  the  surface  of  the  plank  shall  be  flush  with 
the  top  of  the  rail.  An  oak  planking  not  less  than  four  inches 
in  width,  and  of  the  same  thickness  as  that  between  the  rails, 
shall  be  securely  spiked  to  the  crossties  against  the  outer  edge 
of  each  rail  and  flush  with  the  top  thereof.  The  company 
accepting  this  franchise  shall  restore  to  good  condition  the 
streets  and  sidewalks  where  disturbed,  and  keep  the  same  in 
good  repair  at  all  times  of  their  use  of  the  tracks  herein  speci- 


362 


Ordinances  of  the  City  of  Cincinnati 


fled ; this  work  to  be  all  done  under  the  direction  and  to  the 
satisfaction  of  the  Board  of  Public  Service  and  its  chief  engi- 
neer. Council  may  cause  the  removal  of  said  tracks,  or  may 
grant  to  any  other  company  the  use  thereof  upon  their  payment 
to  the  company  granted  this  right  the  proper  proportion  of  the 
cost  of  laying  the  same. 

No.  636.  Passed  March  18,  1901. 

Authorizing-  the  Cincinnati  Northwestern  Railway  Company  to  use, 
occupy,  and  cross  certain  streets  and  alleys  in  the  City  of  Cin- 
cinnati, Ohio. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati: 

Sec.  1.  That  permission  and  authority  are  hereby  granted 
to  the  Cincinnati  Northwestern  Railway  Company,  its  suc- 
cessors and  assigns,  for  the  right  to  cross,  occupy,  and  use, 
in  the  manner  hereinafter  described,  for  railroad  purposes, 
with  a single  or  double  track,  the  following  avenues,  streets, 
and  alleys,  to-wit : Commencing  at  a point  in  Linden  Street, 
on  the  northwest  side  of  the  right  of  way  of  the  Cincinnati, 
Hamilton  & Dayton  Railroad  Company,  where  the  tracks  of 
the  Cincinnati  & Northwestern  Railway  Company  as  now 
constructed  curve  to  the  southwest  into  the  tracks  of  the 
Cincinnati,  Hamilton  & Dayton  Railroad  Company’s  track ; 
thence  southeastwardly  along  said  Linden  Street  across  the 
right  of  way  of  the  said  Cincinnati,  Hamilton  & Dayton  Rail- 
road Company  to  Spring -Grove  Avenue;  thence  across  said 
Spring -Grove  Avenue  in  a southeastwardly  direction  to  the 
southeast  side  thereof. 

Sec.  2.  The  tracks  of  said  railroad  shall  be  laid  at  the 
established  grade  of  said  street,  under  the  direction  and  to  the 
satisfaction  of  the  engineer  of  the  Board  of  Public  Service  of 
the  city  of  Cincinnati,  and  shall  be  so  built  and  maintained  as 
not  to  unnecessarily  obstruct  the  ordinary  use  and  drainage 
of  the  streets  through,  over,  and  across  which  said  railroad 
shall  be  constructed  ; and  whenever  it  becomes  necessary  to 
remove  any  pavement  laid  in  any  of  said  streets  the  same  shall 
be  promptly  relaid  under  the  direction  and  to  the  satisfaction 


Ordinances  of  the  City  of  Cincinnati 


363 


of  the  engineer  of  the  Board  of  Public  Service  of  the  city  of 
Cincinnati,  and  shall  thereafter  be  maintained  in  constant  good 
repair  by  said  railway  company,  its  successors  and  assigns.  If 
any  of  said  streets  through,  over,  or  across  which  said  railroad 
is  constructed  are  not  now  paved,  said  railway  company,  its 
successors  and  assigns,  shall  plank  or  pave  between  the  rails 
of  said  track  and  one  foot  on  each  outside  of  the  same  in  such 
manner  as  to  permit  teams  and  vehicles  to  conveniently  and 
safely  pass  over  the  line  of  said  track  at  all  points  within  said 
streets,  and  keep  said  paving  or  planking  in  constant  good 
repair  ; and  all  shall  be  done  under  the  direction  and  to  the 
satisfaction  of  the  engineer  of  the  Board  of  Public  Service  of 
the  city  of  Cincinnati. 

Sec.  3.  Said  railway  company,  its  successors  and  assigns, 
shall  pay  and  hold  the  city  harmless  from  any  and  all  costs 
and  expenses  to  be  incurred  in  the  construction  and  mainte- 
nance of  said  work  and  the  railroad  authorized  hereunder,  and 
also  any  and  all  damages  for  which  said  city  may  be  made 
liable  by  reason  of  the  obstruction  and  use  of  said  streets, 
avenues,  and  public  ways,  or  parts  thereof,  by  said  railway 
company,  its  successors  and  assigns. 

Sec.  4.  Before  said  company  shall  commence  the  con- 
struction of  any  part  of  said  railway  upon  the  streets,  avenues, 
and  public  ways  aforesaid  it  shall  give  a bond,  payable  to 
the  city  of  Cincinnati,  in  the  penal  sum  of  ten  thousand 
dollars,  with  surety  to  the  satisfaction  of  the  Board  of  Public 
Service  of  the  city  of  Cincinnati,  to  comply  with  the  condi- 
tions hereof. 

Sec.  5.  All  existing  ordinances  and  parts  of  ordinances  in 
conflict  herewith  are  superseded  hereby. 

Sec.  6.  The  work  to  be  let  by  the  Cincinnati  Northwestern 
Railway  Company,  its  successors  or  assigns,  for  the  construction 
contemplated  by  this  ordinance,  shall  be  done  as  far  as  prac- 
tical by  laborers  that  are  residents  of  the  city  of  Cincinnati. 

SEC.  7.  The  work  contemplated  by  this  ordinance  shall 
be  finished  within  two  years  from  and  after  the  acceptance 


364 


Ordinances  of  the  City  of  Cincinnati 


of  this  ordinance  by  the  Cincinnati  Northwestern  Railway 
Company,  its  successors  or  assigns,  otherwise  this  ordinance 
shall  be  null  and  void  ; provided,  however,  that  if  said  rail- 
road company,  its  successors  or  assigns,  are  prevented  by  bona 
fide  litigation  from  completing  said  work  within  the  time 
above  limited,  the  time  for  the  completion  of  the  same  shall 
be  extended  for  a period  of  time  equal  to  the  period  of  delay 
thus  occasioned. 

Sec.  8.  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  the  earliest  period  allowed  by  law ; provided 
that  before  any  right  shall  vest  under  this  ordinance  said 
railway  company,  its  successors  and  assigns,  shall,  in  writing 
filed  wiih  the  city  clerk,  accept  the  same,  and  agree  to  abide 
by  all  of  its  provisions  and  conditions. 

[Acceptance  filed  April  8,  1901. J 


No.  667.  Passed  June  8,  1901. 

Authorizing-  the  Cincinnati  Northwestern  Railroad  Company  to 
operate  their  cars  by  electricity  over  their  line  within  the 
corporate  limits  of  Cincinnati. 

Sec.  1.  Whereas  certain  plans  of  construction  have  been 
presented  to  this  board  for  their  approval  to  electrify  the 
Cincinnati  Northwestern  Railroad  over  their  line  within  the 
corporate  limits,  and  whereas  said  plans  meet  the  approval 
of  this  board,  therefore  be  it  ordained  by  the  Board  of  Legis- 
lation of  the  city  of  Cincinnati,  Ohio,  that  permission  and 
authority  be  and  the  same  is  hereby  granted  to  said  the  Cin- 
cinnati Northwestern  Railroad  Company  to  use  electricity  as 
a motive  power  over  their  said  line  within  the  corporate  limits 
of  the  city  of  Cincinnati,  and  that  their  plan  of  construction 
be  and  the  same  is  hereby  adopted  and  approved,  and  that 
said  Cincinnati  Northwestern  Railroad  Company  are  hereby 
authorized  to  erect  poles  and  string  wires  and  overhead  con- 
structions along  their  line  within  the  corporate  limits  of  the 
city  of  Cincinnati  in  accordance  with  said  plans  and  the 
approval  of  the  city  engineer. 


Ordinances  of  the  City  of  Cincinnati 


365 


No.  694.  Passed  March  24,  1902. 

An  ordinance  granting-  permission  to  the  Cincinnati  & Westwood 
Railroad  Company  to  lay  a track. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati : 

SEC.  1.  That  permission  be  and  the  same  is  hereby  granted 
to  the  Cincinnati  & Westwood  Railroad  Company  to  lay  a rail- 
road track  of  the  standard  gauge  from  the  property  of  the 
Lunkenheimer  Company  on  the  north  side  of  Tremont  Street, 
between  Lawnway  and  Beekman  streets,  across  Tremont  Street, 
connecting  with  the  tracks  of  the  Cincinnati  & Westwood  Rail- 
road Company,  on  the  property  of  the  Lunkenheimer  Company 
situated  on  the  south  side  of  Tremont  Street,  between  Lawn- 
way and  Beekman  streets,  subject  to  the  following  terms  and 
conditions  : 

First — The  tracks  hereby  authorized  shall  conform  to  a 
proper  and  reasonable  grade,  in  conformity  to  the  proper  grade 
of  that  portion  of  Tremont  Street  in  which  said  tracks  are  laid 
and  as  may  be  required  by  the  engineer  of  the  Board  of  Public 
Service. 

Second — The  Cincinnati  & Westwood  Railroad  Company 
shall  lay  and  maintain  such  tracks  in  such  a manner  that 
wagons  and  other  vehicles  may  conveniently  cross  them,  and 
that  the  drainage  shall  in  no  way  be  interfered  with. 

Third — Said  tracks  shall  be  subject  to  removal  at  any  time 
by  order  of  the  Board  of  Public  Service  or  of  the  Board  of 
Legislation,  and  the  said  railroad  company  shall  within  two 
weeks  after  receiving  notice  so  to  do  from  the  Board  of  Public 
Service  or  the  Board  of  Legislation  remove  said  tracks  from 
said  street,  and  restore  said  street  to  good  repair  ; and  in  the 
event  of  failure  so  to  do  the  city  may  remove  the  tracks  at  the 
expense  of  said  company. 

Fourth — The  said  the  Cincinnati  & Westwood  Railroad 
Company  shall  save  the  city  harmless  from  any  damages  for 
which  it  may  be  liable  for  any  injury  to  persons  or  property  on 
account  of  the  grant  made  under  this  ordinance. 


366 


Ordinances  of  the  City  of  Cincinnati 


No.  813.  Passed  March  24,  1902. 

Providing-  the  manner,  terms,  and  conditions  upon  which  certain 
streets  and  public  ways  may  be  used  and  occupied  by  the 
Cincinnati  & Indiana  Western  Railroad  Company  for  railroad 
purposes. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati: 

SEC.  1.  That  the  Cincinnati  & Indiana  Western  Railroad 
Company,  a corporation  under  the  laws  of  Ohio,  incorporated 
for  the  purpose  of  maintaining  and  operating  a railroad  by 
steam-power,  its  successors  and  assigns,  be  and  it  is  hereby 
granted  the  right  to  use  and  occupy  for  railroad  purposes  the 
parts  'of  streets,  avenues,  and  public  ways  intersected  or  tra- 
versed by  the  railroad  tracks,  turnouts,  and  sidetracks  of  said 
company  upon  the  line  hereinafter  described,  for  the  reason 
that  the  occupation  of  said  streets,  avenues,  and  public  ways 
is  necessary  to  the  location  of  that  part  of  the  said  railroad 
within  the  limits  of  the  city  of  Cincinnati,  and  the  same  shall 
be  occupied  and  used  in  the  manner  and  upon  the  terms  and 
conditions  herein  set  forth,  along  and  upon  the  following  line, 
viz. : Beginning  at  the  corporation  line  at  the  western  boundary 
of  the  city  at  a point  about  one  thousand  feet  south  of  the 
northwest  corner  of  Section  31,  Township  3,  Fractional  Range  2, 
crossing  the  road  or  pike  at  that  point  by  overhead  structure  ; 
thence  to  Quebec  Avenue  at  a point  about  the  intersection  of 
Forbus  Avenue,  crossing  the  said  Quebec  Avenue  and  the 
other  improved  streets  west  of  Forbus  by  overhead  structure  ; 
thence  to  Van  Hart  Street  at  a point  about  one  hundred  and 
fifty  feet  north  of  Catherine  Street ; thence  continuing  east- 
ward ly  to  North  Avenue  or  street,  intersecting  the  same  at  a 
point  about  four  hundred  feet  east  of  Van  Hart  Street,  and 
continuing  eastwardly  near  North  Avenue  to  a point  about 
three  hundred  feet  east  of  Shadwell  Street;  thence  eastwardly, 
crossing  said  Shadwell  Street,  and  crossing  by  overhead  struc- 
ture Selim  Avenue,  Orchard  Street,  and  Amor  Place ; thence 
northeastwardly  to  the  unimproved  street  extending  from  Amor 
Place  to  Harrison  Avenue,  crossing  said  unimproved  street 


Ordinances  of  the  City  of  Cincinnati 


367 


diagonally ; thence  eastwardly,  crossing  Hiawatha  Street  at  a 
point  about  three  hundred  and  fifty  feet  from  Harrison  Avenue; 
thence  crossing  the  street  extending  from  State  Avenue  to 
Hiawatha  Street  diagonally ; thence  to  State  Avenue,  crossing 
over  the  same  by  elevated  overhead  structure  at  a point  about 
two  hundred  and  fifty  feet  from  Harrison  Avenue ; thence 
continuing  said  overhead  structure  to  and  crossing  over  Station 
Street  at  the  point  where  the  same  is  intersected  by  the  Balti- 
more & Ohio  Southwestern  Railway,  and  continuing  said 
overhead  structure  southwardly,  thereby  crossing  over  said 
railway  and  the  tracks  of  the  Cincinnati,  Hamilton  & Dayton 
Railroad,  and  any  other  tracks  or  streets  intersecting  the  line 
of  said  Cincinnati  & Indiana  Western  Railroad,  and  in  like 
manner  crossing  Mill  Creek  on  said  viaduct  to  an  unimproved 
street  known  as  Garrard  Avenue  (formerly  Jeptha  Street)  ; 
thence  on  Garrard  Avenue  southwardly  by  trestle  to  Poplar 
Street,  where  the  tracks  may  come  to  and  be  constructed  at 
the  established  grade  ; thence  so  continuing  southwardly  on 
Garrard  Avenue,  passing  under  the  Eighth-street  Viaduct,  to 
the  south  line  of  Budd  Street.  Any  street  or  avenue  not 
herein  mentioned  which  intersects  the  line  of  the  said  railroad, 
as  hereinbefore  set  forth,  at  any  point  between  the  boundary  of 
the  city  aforesaid  and  Budd  Street,  may  be  crossed  and  used 
as  herein  provided  by  said  Cincinnati  & Indiana  Western  Rail- 
road Company;  and  said  company  may  also  cross,  use,  and 
occupy  by  curve  tracks  extending  southeastwardly  from  the 
east  side  of  Garrard  Avenue  at  Ninth  Street,  thence  southeast- 
wardly crossing  Ninth  Street,  thence  southeastwardly  crossing 
Eighth  Street  under  the  viaduct  diagonally  at  a point  on  the 
north  side  thereof  about  one  hundred  and  twenty  feet  east  of 
Garrard  Avenue,  thence  curving  southeastwardly  crossing 
Horne  Street  or  Avenue  about  midway  between  Seventh  and 
Eighth  streets,  to  the  terminus  of  said  curve  on  private  prop- 
erty, and  with  the  further  right  to  lay  tracks  for  terminal 
purposes,  and  so  use  and  occupy  those  parts  of  Seventh  and 
Horne  streets  lying  south  of  Eighth  Street,  east  of  Garrard 


368 


Ordinances  of  the  City  of  Cincinnati 


Avenue,  and  west  of  the  tracks  of  the  Cincinnati  Southern 
Railway. 

Sec.  2.  Not  more  than  two  main  tracks  shall  be  placed 
upon  any  street,  avenue,  or  public  way  which  said  company  is 
hereby  authorized  to  cross,  use,  or  occupy,  and  said  tracks  shall 
be  of  standard  gauge  and  placed  as  near  together  as  practicable 
for  railroad  purposes,  and  all  switches  and  sidetracks  shall  be 
placed  as  near  the  main  tracks  as  practicable  for  railroad  pur- 
poses ; and  where  not  otherwise  specified  crossings  shall  be  at 
grade,  and  all  crossings  shall  be  constructed  and  repaved  with 
first-class  material  at  the  expense  of  the  company,  the  space 
between  the  rails  to  be  planked  over  or  filled  with  other  material 
so  as  to  make  a practically  smooth,  even  crossing ; and  all 
improved  streets  in  any  wise  disturbed  or  upon  which  any  work 
is  done  shall  be  restored  by  said  company  to  as  good  condition 
as  they  were  before  such  disturbance  or  the  doing  of  such 
work.  The  overhead  structure,  viaducts,  or  trestles  hereby 
authorized  shall  be  of  safe  and  substantial  material  and  con- 
struction, of  such  height  above  the  roadway  as  to  permit  the 
unobstructed  passage  of  all  persons  and  vehicles,  and  as  pro- 
vided by  law  ; and  the  supports  of  such  overhead  structures 
shall  be  so  placed  as  to  form  as  little  obstruction  to  the  use  of 
the  street  or  avenue  as  is  safe  and  practicable.  All  work  in 
or  upon  any  street,  avenue,  or  public  way,  or  directly  affecting 
the  same,  shall  be  constructed  under  the  supervision  of  the 
Board  of  Public  Service,  its  engineers  and  inspectors,  and  any 
question  arising  as  to  the  compliance  by  said  company  with  the 
terms  of  this  ordinance  as  to  the  construction  of  said  tracks, 
viaducts,  or  trestles,  shall  be  submitted  to  said  board.  No 
motive  power  other  than  steam  shall  be  used  to  move  cars  or 
engines  upon  the  tracks  so  authorized  to  be  constructed,  or 
any  of  them. 

SEC.  3.  Nothing  in  this  ordinance  contained  shall  be  held 
or  taken  to  confer  upon  said  railroad  company  any  right  or 
interest  in  the  private  property  of  any  person  or  company 
adjacent  to  or  abutting  upon  the  streets,  avenues,  and  public 


Ordinances  of  the  City  of  Cincinnati 


369 


ways  herein  authorized  to  be  used  or  occupied,  and  said  com- 
pany shall  save  the  city  harmless  from  any  and  all  claims  of 
any  such  owner  for  loss  or  damage  by  reason  of  injury  to 
property  caused  by  such  use  and  occupancy  of  such  streets, 
avenues,  and  public  ways. 

Sec.  4.  The  rights  conferred  upon  the  Cincinnati  & Indiana 
Western  Railroad  Company  by  this  ordinance  are  granted 
upon  the  following  express  conditions  : Work  upon  the  con- 
struction of  said  railroad  shall  be  commenced  within  three 
months  after  this  ordinance  takes  effect,  and  shall  be  completed 
so  as  to  permit  the  operation  of  trains  upon  the  main  track 
within  eighteen  months  thereafter,  but  any  time  lost  by  reason 
of  the  delay  occasioned  by  injunction  or  other  litigation  shall 
not  be  computed  as  part  of  the  period  so  limited  for  the  com- 
pletion of  said  tracks.  No  assignment  or  transfer  of  the  rights 
hereby  granted  to  the  Cincinnati  & Indiana  Western  Railroad 
Company,  or  any  of  them,  shall  be  made  to  any  other  company 
or  person  at  any  time  prior  to  the  completion  of  the  main  track 
hereby  authorized  to  be  constructed  so  as  to  permit  the  regular 
operation  of  trains  thereon  ; but  nothing  herein  contained  shall 
be  taken  to  prevent  the  consolidation  of  said  Cincinnati  & 
Indiana  Western  Railroad  with  the  Cincinnati,  Richmond  & 
Muncie  Railroad  and  Chicago  & Cincinnati  Railroad  at  any 
time.  The  said  company  shall  give  to  the  city  of  Cincinnati 
a bond  in  the  sum  of  fifty  thousand  dollars,  conditioned  for 
the  faithful  construction  of  said  railroad  according  to  the  terms 
hereof,  so  as  to  operate  trains  thereon  within  the  time  limited 
by  this  ordinance,  with  surety  to  the  satisfaction  of  the  Board 
of  Public  Service,  with  whom  said  bond  shall  be  filed  ; and 
shall  likewise,  within  thirty  days  from  the  final  approval  of 
this  ordinance,  file  with  the  Board  of  Public  Service  its  written 
consent  and  agreement  to  the  terms  and  conditions  of  the  same, 
and  upon  the  filing  of  such  written  consent  the  same  shall  be 
held  and  taken  in  connection  with  this  ordinance  to  constitute 
an  agreement  between  the  city  of  Cincinnati  and  the  Cincin- 
nati & Indiana  Western  Railroad  Company  as  to  the  manner, 


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Ordinances  of  the  City  of  Cincinnati 


terms,  and  conditions  upon  which  the  streets,  avenues,  and 
public  ways  above  mentioned  may  be  used  and  occupied  by 
said  company.  Any  failure  or  refusal  of  said  railroad  company 
to  comply  with  the  terms  and  conditions  of  this  section  shall 
render  this  ordinance  void,  and  the  city  of  Cincinnati  may 
thereupon  cause  all  tracks  or  other  structures  constructed  by 
said  company  to  be  removed  from  the  streets,  avenues,  or  public 
ways,  or  any  of  them,  and  all  rights  hereby  conferred  upon  said 
company  shall  thereupon  cease  and  determine  ; but  upon  due 
compliance  therewith  said  company  may  use  and  occupy  said 
streets,  avenues,  and  public  ways  in  accordance  with  the  laws 
of  the  state  and  ordinances  of  the  city  as  long  as  the  same  are 
so  used  in  good  faith  for  railway  purposes  ; but  in  case  of  the 
abandonment  of  any  part  of  any  street,  avenue,  or  public  way 
by  said  company,  or  the  conversion  of  the  same  to  any  other 
than  railway  purposes,  it  shall  revert  to  the  city  free  of  any 
right,  claim,  or  easement  of  said  company. 

No.  122.  Passed  August  24,  1903. 

Defining-  the  manner  and  conditions  of  crossing-  and  using-  certain 
streets  and  public  ways  by  the  Chicag-o,  Cincinnati  & Louisville 
Railroad  Company  for  railroad  purposes. 

Be  it  ordained  by  the  Council  of  the  City  of  Cincinnati,  State  of  Ohio : 
SEC.  1.  That  the  method  and  conditions  of  crossing  and 
using  certain  streets  and  public  ways  in  the  city  of  Cincinnati 
on  the  line  of  the  Chicago,  Cincinnati  & Louisville  Railroad 
Company,  successor  to  the  Cincinnati  & Indiana  Western  Rail- 
road Company,  a corporation,  shall  be  defined  as  follows  : The 
center  line  and  the  manner  of  construction  of  said  railroad  in 
relation  to  the  streets  and  public  ways  to  be  crossed  and  used 
is  practically  described  as  follows  : Beginning  at  a point  in  the 
west  corporation  line  of  the  city  of  Cincinnati,  625  feet  south 
of  a marked  stone  near  the  center  of  Queen -City  Avenue; 
thence  in  a southeasterly  direction  crossing  Quebec  Avenue 
overhead  with  a steel  bridge,  through  span,  395  feet  south  of 
the  south  line  of  Westwood  Avenue  ; thence  on  trestle  and  at 


Ordinances  of  the  City  of  Cincinnati 


371 


grade  as  now  constructed  through  Catherine  Street,  crossing 
Van  Hart  Street  at  the  present  grade  of  the  railroad  ; thence 
east,  crossing  Shadwell  Street  overhead  by  steel  bridge,  clear 
span,  334  feet  south  of  the  south  line  of  Westwood  Avenue  ; 
thence  eastwardly  into  Esmond  Street,  leaving  the  same  at  the 
west  line  of  Lot  79  ; thence  eastwardly,  crossing  Selim  Avenue 
254  feet  on  the  center  line  of  said  avenue  south  of  the  south 
line  of  Westwood  Avenue  with  steel  bridge  overhead, clear  span  ; 
thence  eastwardly,  crossing  Amor  Place  with  steel  bridge,  clear 
span,  229  feet,  measured  on  center  line  of  said  street  south  of 
the  south  line  of  Westwood  Avenue  ; thence  eastwardly,  cross- 
ing lane  117  feet  east  of  Amor  Place  overhead  ; thence  east- 
wardly, crossing  under  Hiawatha  Street  at  a point  65  feet  west 
of  the  center  of  Meader  Street ; thence  crossing  under  Meader 
Street  so  that  the  bridge  over  the  railroad  shall  be  five  feet 
above  the  present  grade  of  said  Meader  Street,  with  necessary 
approaches  at  a point  146  feet  south  of  the  south  line  of  Hia- 
watha Street ; thence  crossing  Ernst  Street  at  a point  454  feet 
north  of  the  west  line  of  State  Avenue  by  steel  bridge  over- 
head, clear  span,  first  depressing  said  Ernst  Street  4 ]/2  feet  at 
said  point  of  crossing,  and  grading  the  same  uniformly  to  suit 
said  depression  from  the  south  line  of  Lot  125  to  the  north 
line  of  Lot  116  of  Ernst’s  second  subdivision  ; thence  south- 
eastwardly,  crossing  State  Avenue  overhead  by  steel  bridge, 
clear  span,  at  a point  283.5  feet  north  of  the  center  line  of 
Ernst  Street,  measured  on  the  west  line  of  State  Avenue ; thence 
continuing  said  overhead  structure  to  and  crossing  over  Station 
Street  at  a point  where  the  same  is  intersected  by  the  Balti- 
more & Ohio  Southwestern  Railway  Company  ; thence  con- 
tinuing by  overhead  structure  southwardly,  thereby  crossing 
over  said  railway  and  the  tracks  of  the  Cincinnati,  Hamilton  & 
Dayton  Railroad  and  any  other  track  or  streets  intersecting  the 
line  of  the  Chicago,  Cincinnati  & Louisville  Railroad,  and  in 
like  manner  crossing  Mill  Creek  on  said  viaduct  to  an  unim- 
proved street  known  as  Garrard  Avenue  (formerly  Jeptlia  Street); 
thence  on  Garrard  Avenue  southwardly  by  trestle  to  Liberty 


372 


Ordinances  of  the  City  of  Cincinnati 


Street,  where  the  tracks  may  come  to  and  be  constructed  at 
the  established  grade  ; thence  so  continuing  southwardly  on 
Garrard  Avenue,  passing  under  the  Eighth-street  Viaduct  to 
the  south  line  of  Budd  Street.  Any  street  or  avenue  not  herein 
mentioned  which  intersects  the  line  of  said  railroad  as  herein- 
before set  forth  at  any  point  between  the  boundary  of  the  city 
aforesaid  and  Budd  Street  may  be  crossed  and  used  as  herein 
provided  by  the  Chicago,  Cincinnati  & Louisville  Railroad 
Company,  successor  to  the  Cincinnati  & Indiana  Western  Rail- 
road Company;  and  said  company  may  also  cross,  use,  and 
occupy  by  curved  tracks  extending  soutlieastwardly  from  the 
east  side  of  Garrard  Avenue,  Ninth  Street,  soutlieastwardly 
crossing  Ninth  Street,  soutlieastwardly  crossing  Eighth  Street 
under  the  viaduct  diagonally  at  a point  on  the  north  side 
thereof  at  the  intersection  of  said  Garrard  Avenue,  thence  curv- 
ing soutlieastwardly  crossing  Horne  Street  between  Seventh 
and  Eighth  streets,  to  the  terminus  of  said  curve  on  private 
property,  with  the  further  right  to  lay  tracks  for  terminal  pur- 
poses, and  to  use  and  occupy  the  parts  of  Ninth,  Seventh,  and 
Horne  streets  east  of  Garrard  Avenue  and  west  of  the  tracks 
of  the  Cincinnati  Southern  Railway. 

Sec.  2.  Not  more  than  two  main  tracks  shall  be  placed 
upon  any  street,  avenue,  or  public  way  which  said  company  is 
hereby  authorized  to  cross,  use,  or  occupy,  and  said  tracks  shall 
be  of  standard  gauge  and  placed  as  near  together  as  practicable 
for  railroad  purposes,  and  all  switches  and  sidetracks  shall  be 
placed  as  near  the  main  tracks  as  practicable  for  railroad  pur- 
poses ; and  where  not  otherwise  specified  crossings  may  be 
overhead,  under  grade,  or  at  grade,  and  all  crossings  shall  be 
constructed  and  repaved  with  first-class  material  at  the  expense 
of  the  company,  the  space  between  the  rails  to  be  planked  over 
or  filled  with  other  material  so  as  to  make  a practically  smooth, 
even  crossing;  and  all  improved  streets  in  any  wise  disturbed 
or  upon  which  any  work  is  done  shall  be  restored  by  said  com- 
pany to  as  good  condition  as  they  were  before  such  disturbance 
or  the  doing  of  such  work.  The  overhead  structure,  viaducts, 


Ordinances  of  the  City  of  Cincinnati 


373 


or  trestles  hereby  authorized  shall  be  of  safe  and  substantial 
material  and  construction,  of  such  height  above  the  roadway 
as  to  permit  the  unobstructed  passage  of  all  persons  and  vehi- 
cles and  as  provided  by  law  ; and  the  supports  of  such  overhead 
structures  shall  be  so  placed  as  to  form  as  little  obstruction  to 
the  use  of  the  street  or  avenue  as  is  safe  and  practicable.  All 
work  in  or  upon  any  street,  avenue,  or  public  way,  or  directly 
affecting  the  same,  shall  be  constructed  under  the  supervision 
of  the  Board  of  Public  Service,  its  engineers  and  inspectors, 
and  any  question  arising  as  to  the  compliance  by  said  company 
with  the  terms  of  this  ordinance  as  to  the  construction  of  said 
tracks,  viaducts,  or  trestles  shall  be  submitted  to  said  board. 

SEC.  3.  Nothing  in  this  ordinance  contained  shall  be  held 
or  taken  to  confer  upon  said  railroad  company  any  right  or 
interest  in  the  private  property  of  any  person  or  company  ad- 
jacent to  or  abutting  upon  the  streets,  avenues,  and  public  ways 
herein  authorized  to  be  used  or  occupied,  and  said  company 
shall  save  the  city  harmless  from  any  and  all  claims  of  any 
such  owner  for  loss  or  damage  by  reason  of  injury  to  property 
caused  by  such  use  and  occupation  of  such  streets,  avenues, 
and  public  ways. 

SEC.  4.  The  rights  conferred  upon  the  Chicago,  Cincinnati 
& Louisville  Railroad  Company  by  this  ordinance  are  granted 
upon  the  following  express  conditions  : Work  upon  the  con- 
struction of  said  railroad  shall  be  completed  so  as  to  permit 
the  operation  of  trains  upon  the  main  track  within  eighteen 
months,  but  any  time  lost  by  reason  of  delay  occasioned  by 
injunctions  or  other  litigation  shall  not  be  computed  as  part 
of  the  period  so  limited  for  the  completion  of  said  tracks.  No 
assignment  or  transfer  of  the  rights  hereby  granted  to  the 
Chicago,  Cincinnati  & Louisville  Railroad  Company,  successor 
to  the  Cincinnati  & Indiana  Western  Railroad  Company,  or 
any  of  them,  shall  be  made  to  any  other  company  or  person 
at  any  time  prior  to  the  completion  of  the  main  track  hereby 
authorized  to  be  constructed  so  as  to  permit  the  regular  opera- 
tion of  trains  thereon.  The  bond  heretofore  given  to  the  city 


374 


Ordinances  of  the  City  of  Cincinnati 


of  Cincinnati,  in  the  sum  of  fifty  thousand  dollars,  conditioned 
for  the  faithful  construction  of  said  railroad,  shall  be  continued 
according  to  the  terms  thereof,  to  operate  trains  thereon  within 
the  time  limited  by  this  ordinance,  with  surety  to  the  satis- 
faction of  the  Board  of  Public  Service,  with  whom  said  bond 
shall  be  filed  ; and  shall  likewise,  within  thirty  days  from  the 
final  approval  of  this  ordinance,  file  with  the  Board  of  Public 
Service  its  written  consent  and  agreement  to  the  terms  and 
conditions  of  the  same ; and  upon  the  filing  of  such  written 
consent  the  same  shall  be  held  and  taken  in  connection  with 
this  ordinance  to  constitute  an  agreement  between  the  city  of 
Cincinnati  and  the  Chicago,  Cincinnati  & Louisville  Railroad 
Company,  successor  to  the  Cincinnati  & Indiana  Western  Rail- 
road Company,  as  to  the  manner,  terms,  and  conditions  upon 
which  these  streets,  avenues,  and  public  ways  above  mentioned 
may  be  used  and  occupied  by  said  company. 

No.  1061.  Passed  March  2,  1903. 

Granting-  consent  and  permission  to  the  Interurban  Railway  and 
Terminal  Company  for  the  construction,  maintenance,  and  opera- 
tion of  an  electric  railway,  through  the  property  of  the  City  of 
Cincinnati,  acquired  for  waterworks  purposes  in  Anderson  Town- 
ship, Hamilton  County,  and  over  the  Columbia  and  New  Richmond 
Turnpike,  owned  by  the  City  of  Cincinnati,  in  Anderson  Township, 
Hamilton  County,  Ohio. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati: 

Sec.  1.  That  the  consent  and  permission  of  the  city  of 
Cincinnati  is  hereby  granted  to  the  Interurban  Railway  and 
Terminal  Company,  as  successor  to  the  rights  and  corporate 
franchises  and  privileges  of  the  Cincinnati  & Eastern  Electric 
Railway  Company,  both  said  companies  corporations  under  the 
laws  of  the  state  of  Ohio,  for  the  construction  and  operation  of 
an  electric  railway  upon  the  Columbia  and  New  Richmond 
Turnpike,  through  and  abutting  upon  the  waterworks  property, 
upon  the  terms  and  conditions  set  forth  in  a certain  resolution 
passed  by  the  Board  of  Trustees,  “ Commissioners  of  Water- 
works,” March  8,  1901,  and  contained  in  the  minutes  of  said 


Ordinances  of  the  City  of  Cincinnati 


375 


board  in  Vol.  4,  page  537  ; said  resolution  being  in  the  follow- 
ing language  : 

“ Resolved , That  the  application  of  the  Cincinnati  & Eastern 
Electric  Railway  Company  for  the  consent  of  the  Board  of 
Trustees,  ‘Commissioners  of  Waterworks,’  of  the  city  of  Cin- 
cinnati to  the  construction  of  an  electric  railway  upon  the 
Columbia  and  New  Richmond  Turnpike,  through  and  abutting 
upon  the  waterworks  property,  be  allowed  upon  the  following 
terms  and  conditions  : 

“ 1.  The  tracks  of  said  railway  shall  be  constructed  with 
a double  track  upon  the  sides  of  the  roadway,  as  may  be  deter- 
mined by  the  Board  of  Trustees,  ‘Commissioners  of  Water- 
works.’ The  exact  location  of  the  tracks  and  the  placing  of 
the  material  and  all  work  in  the  construction  shall  be  subject 
to  the  orders  of  the  Board  of  Trustees,  ‘ Commissioners  of 
Waterworks.’ 

“ 2.  The  roadbed  shall  be  widened  to  the  width  required 
by  the  standard  sections  furnished  by  the  chief  engineer,  and 
the  cost  of  all  work  necessary  or  incidental  to  such  widening 
of  the  roadbed  shall  be  paid  by  the  Cincinnati  & Eastern 
Electric  Railway  Company,  including  clearing,  grading,  mac- 
adamizing, ditch  paving,  sodding  and  riprapping  of  slopes, 
extension  of  culverts,  fencing,  and  right  of  way  from  adjoining 
property-owners. 

“ 3.  The  work  shall  be  done  without  interrupting  or  ob- 
structing travel  over  the  pike. 

“ 4.  All  damage  done  to  the  city  property  shall  be  repaired 
or  paid  for  by  the  Cincinnati  & Eastern  Electric  Railway 
Company. 

“ 5.  All  cost  and  expense  of  the  work  required  for  change  of 
plans  and  work  already  done  for  the  waterworks  improvement 
shall  be  paid  by  the  Cincinnati  & Eastern  Electric  Railway 
Company. 

“6.  The  character  of  ties,  rails,  and  other  material  entering 
into  the  construction  of  the  road  shall  be  subject  to  the  approval 
of  the  Board  of  Trustees,  ‘Commissioners  of  Waterwork.” 


376 


Ordinances  of  the  City  of  Cincinnati 


“7.  At  such  places  as  the  tracks  of  the  road  are  upon  or 
across  the  roadway  of  the  turnpike,  the  company  shall  keep 
the  roadway  in  repair  within  the  rails  and  for  eighteen  inches 
on  each  side  thereof. 

“ 8.  Upon  the  passage  of  this  resolution  the  Cincinnati  & 
Eastern  Electric  Railway  Company  shall  forthwith  make  appli- 
cation to  the  county  commissioners  of  Hamilton  County  for  a 
franchise  to  operate  the  road,  and  the  work  shall  be  begun  on 
said  road  within  six  months  from  the  granting  of  such  franchise 
by  the  county  commissioners. 

Sec.  2.  That  the  resolution  passed  by  the  Board  of  Trus- 
tees, “Commissioners  of  Waterworks,”  March  8,  1901,  and 
contained  in  the  minutes  of  said  board,  in  Vol.  4,  page  537,  be 
and  the  same  is  hereby  approved,  and  all  rights  conferred  or 
attempted  to  be  conferred  by  said  resolution,  as  well  as  the 
location  of  the  track,  and  the  placing  of  material,  and  all  work 
in  the  construction  of  said  railway  as  heretofore  or  hereafter 
made  by  the  Cincinnati  & Eastern  Electric  Railway  Company 
and  the  Interurban  Railway  and  Terminal  Company,  and 
approved  by  the  Board  of  Trustees,  ‘Commissioners  of  Water- 
works,’ be  and  the  same  are  hereby  confirmed  by  the  city  of 
Cincinnati. 

[Note. — Acceptance  filed  May  18,  1903.] 

No.  114.  Passed  August  24,  1903. 

Agreeing-  upon  the  manner,  terms,  and  conditions  upon  which  the 
Cincinnati  Interterminal  Railroad  Company  may  use,  occupy, 
and  cross  over,  along-,  and  upon  the  streets,  alleys,  and  public 
grounds  of  the  city  of  Cincinnati,  and  operate  thereon  such  por- 
tion of  its  railroad  as  lies  between  the  Cincinnati,  Hamilton  & 
Dayton  Railway  terminal  property,  near  Fifth  and  Baymiller 
streets,  and  an  intersection  with  the  property  of  the  Covington 
& Cincinnati  Elevated  Railroad  and  Transfer  and  Bridge  Com- 
pany, near  the  corner  of  Third  and  Mill  streets. 

Be  it  ordained  by  the  Council  of  the  City  of  Cincinnati , State  of  Ohio: 

SEC.  1.  That  the  city  of  Cincinnati  does  hereby  grant  to 
the  Cincinnati  Interterminal  Railroad  Company  the  right  to 
cross  over  and  along  the  streets  and  alleys  hereafter  mentioned 
with  a single  or  double  track,  and  to  construct,  maintain,  and 


Ordinances  of  the  City  of  Cincinnati 


377 


operate  its  said  railroad  over,  along,  and  across  said  streets 
and  alleys,  provided  said  single  or  double  track,  as  the  case 
may  be,  shall  be  constructed  upon  an  elevated  structure  over 
and  across  said  streets  and  alleys  at  sufficient  height  as  not 
to  interfere  with  the  ordinary  traffic  upon  said  streets,  whether 
by  street  cars  or  vehicles,  with  the  right  of  the  Cincinnati 
Interterminal  Railroad  Company  to  erect  such  poles  and  wires 
as  may  be  necessary.  The  said  streets  and  alleys  which  said 
Cincinnati  Interterminal  Railroad  Company  is  hereby  granted 
the  right  to  cross  upon  said  elevated  structure  as  aforesaid, 
and  the  route  to  be  followed  by  said  railroad,  being  substan- 
tially as  follows  : Beginning  at  a connection  with  the  tracks 
of  the  Cincinnati,  Hamilton  & Dayton  Railway  Company  near 
the  northwest  corner  of  Fifth  and  Baymiller  streets  ; thence 
south  and  east  along  and  across  Fifth  Street  to  private  prop- 
erty ; thence  south  and  east  along  and  across  private  property 
to  Avery  Street ; thence  south  and  east  across  Avery  Street  to 
private  property ; thence  south  and  east  across  private  prop- 
erty to  Baymiller  Street ; thence  in  an  easterly  direction  along 
and  across  Baymiller  Street  to  private  property  ; thence  in  an 
easterly  direction  along  and  across  private  property  to  Webb 
Alley  ; thence  in  an  easterly  direction  along  and  across  Webb 
Alley  to  private  property ; thence  in  an  easterly  direction 
along  and  across  private  property  to  Stone  Street ; thence  in 
an  easterly  direction  along  and  across  Stone  Street  to  private 
property ; thence  in  an  easterly  direction  along  and  across 
private  property  to  Carl  Street ; thence  in  a southeasterly 
direction  along  and  across  Carl  Street ; thence  south  and  east 
along  and  across  private  property  to  a point  near  the  north- 
west corner  of  Mill  and  Third  streets;  thence  in  a south- 
easterly direction  along  and  across  Mill  and  Third  streets 
to  private  property ; thence  south  and  east  along  and  across 
private  property  to  a point  near  the  intersection  of  Stits  Alley, 
Brooks  Street,  Anderson  Alley,  and  a ten-foot  alley  separating 
the  property  of  the  Covington  & Cincinnati  Elevated  Railroad 
and  Transfer  and  Bridge  Company  from  the  private  property 


378 


Ordinances  of  the  City  of  Cincinnati 


last  mentioned  ; thence  south  and  east  along  and  across  said 
last-mentioned  alleys  and  street  to  the  property  of  the  said 
bridge  company. 

SEC.  2.  That  the  city  of  Cincinnati  does  further  grant  to 
the  Cincinnati  Interterminal  Railroad  Company  the  right  to 
construct  and  operate  a single  surface  track  crossing  at  grade 
Anderson  Alley  and  Stits  Alley;  thence  in  a westwardly 
direction  across  private  property  to  a point  near  the  inter- 
section of  Mill  and  Third  streets ; thence  in  a northwesterly 
direction,  crossing  at  grade  the  intersection  of  Mill  and  Third 
streets,  to  private  property;  thence  in  a westerly  direction 
across  private  property  to  Carl  Street ; thence  in  a westerly 
direction,  crossing  at  grade  Carl  Street;  thence  in  a westerly 
direction  across  private  property  to  Stone  Street ; thence  in  a 
westerly  direction,  crossing  at  grade  Stone  Street,  to  private 
property ; provided  said  Cincinnati  Interterminal  Railroad 
Company  shall  also  have  the  right  to  lay  a second  surface 
track  crossing  at  grade  Carl  and  Stone  streets. 

Sec.  3.  The  above  grant  to  use  and  occupy  the  streets, 
alleys,  and  public  grounds  aforesaid  is  hereby  declared  to  be 
upon  the  terms,  conditions,  and  considerations  hereinafter  set 
forth,  to- wit : 

First — The  said  Cincinnati  Interterminal  Railroad  Company 
shall  at  its  own  expense,  whether  by  private  negotiation  or 
condemnation  proceedings  or  otherwise,  acquire  the  private 
property  necessary  for  the  tracks  above  mentioned. 

Second — In  laying  its  track  or  tracks  along,  upon,  or  over 
any  of  said  streets,  alleys,  and  public  grounds,  the  said  the 
Cincinnati  Interterminal  Railroad  Company  shall,  wherever 
said  track  or  tracks  are  authorized  by  this  ordinance  to  be 
laid  upon  the  surface  of  the  streets,  conform  to  the  grades  of 
said  streets  or  alleys  and  public  grounds  as  they  may  exist. 
All  tracks  shall  be  so  laid  or  constructed  as  not  to  obstruct 
unnecessarily  the  ordinary  passage  along  said  streets,  alleys, 
and  public  grounds.  If  it  shall  become  necessary  in  the  loca- 
tion and  construction  of  its  tracks  for  the  said  company  to 


Ordinances  of  the  City  of  Cincinnati 


379 


change  in  any  place  or  places  the  then  existing  grade  of  any 
of  said  streets  or  alleys  or  public  grounds,  the  character  of 
such  change  of  grade  shall  be  delineated  on  a plat  to  be  filed 
in  the  office  of  the  Board  of  Public  Service  or  its  successors, 
and  approved  by  said  board,  and  the  work  in  accordance  with 
such  plat  shall  be  done  under  the  supervision  of  the  engineer 
employed  by  said  board  ; and  provided  always  that  said  com- 
pany shall,  at  its  own  expense,  provide  for  ample  and  perma- 
nent drainage  alongside  of  or  under  or  across  its  tracks  for 
all  of  the  rainfall  or  natural  watercourses  with  which  its 
tracks  might  otherwise  interfere,  or  which  may  be  hereafter 
made  by  the  improvement  of  new  streets,  and  for  that  purpose 
shall  also  make  and  maintain  all  necessary  gutters,  bridges, 
and  culverts  for  drainage ; provided,  however,  that  in  the 
laying  and  constructing  of  its  said  tracks  the  company  shall 
be  permitted,  free  of  charge,  to  tap  any  sewer  or  drain  con- 
structed by  the  city  of  Cincinnati  at  any  point  on  the  line  of 
said  railroad  for  the  purpose  of  draining  the  tracks  or  grounds 
of  said  company ; and  shall,  at  its  own  cost,  remove  any  earth 
or  other  material,  and  do  all  the  grading,  repaving,  and  other 
work  which  may  be  necessary  to  restore  the  said  streets  to  as 
good  condition  as  they  were  in  before  said  work  was  done  ; 
and  so  long  as  said  tracks  shall  remain  in  or  over  said  streets, 
upon  the  surface  thereof,  as  herein  authorized,  said  company 
shall  keep  that  portion  of  said  streets  lying  between  the  rails 
of  the  track  or  tracks,  and  between  the  tracks  where  more 
than  one  track  is  laid  upon  any  street,  and  for  one  foot  on 
the  outside  of  each  outside  rail  thereof,  in  good  repair,  of 
the  same  material  as  is  used  by  the  city  upon  other  portions 
of  the  street  adjacent  thereto.  And  if  at  any  time  said 
company  shall  remove  said  track  or  tracks  from  said  streets, 
alleys,  or  public  grounds,  it  shall  restore  the  said  streets, 
alleys,  or  public  grounds  to  the  same  condition  as  are  the 
portions  thereof  which  are  maintained  by  the  city,  and  to 
such  grade  as  the  Board  of  Public  Service  or  its  successors 
may  prescribe,  if  it  does  not  conform  to  the  existing  grade 


380 


Ordinances  of  the  City  of  Cincinnati 


of  said  street  or  streets.  Any  portion  of  the  pavements  of 
said  streets  and  alleys,  including  the  sidewalks,  which  it 
may  be  necessary  to  take  up  or  disturb  in  the  location  of 
said  tracks  shall  be  properly  replaced  at  the  expense  of  said 
company ; and  the  gutters  at  the  intersection  of  the  several 
streets  and  alleys  shall  be  covered  with  iron  plates,  to  be 
laid  in  such  manner  as  to  allow  the  surface  - water  to  pass 
freely  under  them. 

Third — The  said  company  shall  also  have  the  right  to 
construct  and  use  sidetracks  from  its  own  main  and  connect- 
ing tracks,  as  herein  authorized,  to  the  property  of  adjacent 
proprietors  and  shippers  of  freight  who  may  desire  the  same  ; 
provided,  however,  that  before  any  connecting  or  sidetracks, 
as  provided  for  in  this  paragraph,  shall  be  constructed  a plat 
of  such  proposed  track  or  tracks  shall  be  prepared  by  said 
company,  and  filed  with  and  be  approved  by  the  Board  of 
Public  Service  or  its  successors,  and  such  track  or  tracks 
shall  be  laid  in  conformity  with  such  plat,  and  the  work 
shall  be  done  under  the  direction  of  the  engineer  appointed 
by  said  board. 

Fourth — The  speed  at  which  the  trains  shall  be  operated 
over  any  street  surface  tracks  to  be  constructed  under  the 
authority  of  this  grant  shall  not  exceed  six  miles  per  hour 
between  the  hours  of  6 o’clock  a.  m.  and  8 o’clock  p.  m., 
and  at  other  times  such  speed  shall  not  exceed  twelve  miles 
per  hour  on  any  street  surface  track  ; and  provided  further 
that  no  cars,  or  engines  or  motors  for  the  movement  of  cars, 
shall  obstruct  the  crossings  of  any  street  or  alley  for  a longer 
time  than  three  minutes  during  any  consecutive  period  of  ten 
minutes. 

Fifth — The  maximum  charge  to  be  made  by  the  Cincinnati 
Interterminal  Railroad  Company  for  the  transferring  and  carry- 
ing of  loaded  cars  over  its  said  tracks  shall  be  no  more  than 
one  dollar  per  car  of  ten-ton  capacity  for  switching  one  half  a 
mile  or  less  on  such  tracks  ; for  all  distances  over  one  half  mile 
and  not  exceeding  two  and  one  half  miles  such  charge  shall  not 


Ordinances  of  the  City  of  Cincinnati 


381 


exceed  one  dollar  and  fifty  cents  per  car ; and  for  all  distances 
over  two  and  one  half  miles  and  not  exceeding  five  miles  the 
charge  shall  not  be  more  than  two  dollars  per  car. 

Sixth — Upon  the  written  acceptance  of  this  ordinance  by 
the  said  the  Cincinnati  Interterminal  Railroad  Company,  filed 
with  the  city  clerk,  this  ordinance  shall  thereby  become  opera- 
tive and  binding  as  a contract  between  the  city  of  Cincinnati 
and  the  Cincinnati  Interterminal  Railroad  Company. 

Seventh — Within  six  months  from  the  written  acceptance  of 
this  grant  in  the  manner  above  specified  the  Cincinnati  Inter- 
terminal Railroad  Company  shall  file  with  the  Board  of  Public 
Service  a map  showing  the  exact  route  of  its  main  tracks  ; and 
if  said  map  should  not  cover  all  the  streets  and  parts  of  streets 
or  alleys  and  public  grounds  heretofore  described  and  enume- 
rated, then  all  such  parts  of  streets,  alleys,  and  public  grounds 
not  so  included  shall  be  exempt  from  the  operation  of  this 
grant;  and  so  far  as  practicable,  and  barring  all  delays  growing 
out  of  legal  proceedings  by  or  against  the  said  the  Cincinnati 
Interterminal  Railroad  Company  arising  from  the  making  of 
this  grant,  or  the  acquirements  of  rights  of  way,  the  work  upon 
the  construction  of  the  railroad  which  is  to  be  operated  under 
the  authority  hereby  conferred  shall  be  commenced  within  six 
months  from  the  acceptance  hereof,  and  said  railroad  shall  be 
in  operation  and  open  to  public  patronage  within  two  years 
after  such  acceptance  ; otherwise  the  city  of  Cincinnati  shall 
be  entitled  to  revoke  this  grant,  in  the  form  of  an  ordinance 
repealing  same.  Provided,  however,  that  the  Council  of  the 
city  of  Cincinnati  may,  for  reasons  appearing  sufficient  to 
it,  extend  the  above-mentioned  limitations  of  time  for  such 
period  or  periods  of  delays  as  it  may  deem  and  declare  to  be 
just  and  proper  under  the  circumstances. 

Eighth — For  the  faithful  performance  of  the  terms  of  this 
ordinance  the  said  the  Cincinnati  Interterminal  Railroad  Com- 
pany shall  execute  and  deliver  to  the  city  of  Cincinnati  a bond, 
satisfactory  to  the  mayor  of  said  city,  in  the  penal  sum  of  fifty 
thousand  dollars. 


382 


Ordinances  of  the  City  of  Cincinnati 


SEC.  4.  Nothing  in  this  ordinance  contained  shall  be  held 
or  taken  to  confer  upon  said  railroad  company  any  right  or 
interest  in  the  private  property  of  any  person  or  company 
adjacent  to  or  abutting  upon  the  streets,  avenues,  and  public 
ways  herein  authorized  to  be  used  or  occupied,  and  said  com- 
pany shall  save  the  city  harmless  from  any  and  all  claims  of 
any  such  owner  for  loss  or  damage  by  reason  of  injury  to  prop- 
erty caused  by  such  use  or  occupation  of  such  streets,  avenues, 
and  public  ways. 

Sec.  5.  This  ordinance  shall  take  effect  and  be  in  force 
and  capable  of  acceptance  from  and  after  the  earliest  period 
allowed  by  law  ; and  all  the  expenses  of  printing  and  adver- 
tising the  same  shall  be  paid  by  the  said  the  Cincinnati 
Interterminal  Railroad  Company  The  company  shall  have 
ninety  days  in  which  to  accept  this  ordinance.  If  not  accepted 
within  ninety  days  from  and  after  its  passage,  this  ordinance 
shall  become  null  and  void. 

[Note. — Acceptance  filed  September  5,  1903.] 


NO.  45.  Passed  June  15,  1903. 

Establishing-  and  creating  the  office  of  Superintendent  of  Track 
Elevation  and  Subways. 

Be  it  ordained  by  the  Council  of  the  City  of  Cincinnati , State  of  Ohio : 
Sec.  1.  There  is  hereby  created  and  established  the  office 
of  superintendent  of  track  elevation  and  subways. 

SEC.  2.  The  duties  of  the  superintendent  shall  be  to  in- 
vestigate and  report  the  proper  method,  and  draw  plans  and 
specifications  for  the  abolishment  of  all  steam  railroad  cross- 
ings in  the  streets,  avenues,  alleys,  and  public  places  at  grade 
within  the  corporate  limits  of  the  city.  He  shall  work  in  con- 
junction with  the  engineer  of  the  Board  of  Public  Service,  but 
shall  at  all  times  be  subject  to  the  rules,  orders,  and  regula- 
tions pertaining  to  his  office  as  prescribed  by  Council.  He 
shall  be  permitted  to  use  the  office  of  said  engineer,  and  all 
instruments,  plats,  papers,  and  records  of  said  office  which  may 
be  necessary  for  him  to  use,  in  the  performance  of  his  duties. 


Ordinances  of  the  City  of  Cincinnati 


383 


He  shall  be  a competent  engineer,  well  known  for  his  intelli- 
gence and  capabilities  of  performing  the  duties  of  said  office. 

SEC.  3.  Said  superintendent  shall  be  appointed  for  one 
year,  and  shall  serve  until  his  successor  is  appointed  and  quali- 
fied. He  shall  receive  a salary  of  two  thousand  five  hundred 
dollars  per  year,  payable  in  semi-monthly  installments. 

Sec.  4.  The  following  employees  in  said  office  are  hereby 
authorized,  to-wit:  Two  rodinen,  who  shall  each  receive  a salary 
of  sixty  dollars  per  month  ; and  one  stenographer,  who  shall 
receive  a salary  of  fifty  dollars  per  month.  Said  salaries  shall 
be  payable  semi-monthly,  upon  payrolls  certified  by  said  super- 
intendent of  track  elevation  and  subways. 

Sec.  5.  An  ordinance  entitled  “An  ordinance  establishing 
the  office  of  superintendent  of  track  elevation  and  subways, 
and  defining  the  duties  thereof,”  passed  April  29,  1901,  and 
an  ordinance  entitled  “An  ordinance  to  provide  for  the  appoint- 
ment of  two  rodmen  and  a stenographer  for  the  superintendent 
of  track  elevation  and  subways,”  passed  July  28,  1902,  are 
hereby  repealed. 

No.  897.  Passed  July  28,  1902. 

To  provide  for  the  appointment  of  two  rodmen  and  a stenographer 
for  the  superintendent  of  track  elevation  and  subways. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati : 

SEC.  1.  That  the  mayor  is  hereby  authorized  to  appoint 
two  suitable  persons  to  act  as  rodmen  in  the  office  of  and 
under  the  control  of  the  superintendent  of  track  elevation  and 
subways  at  a salary  of  sixty  dollars  per  month,  payable  in 
semi  - monthly  installments ; also  a suitable  person  to  act  as 
stenographer  ill  the  office  of  the  superintendent  of  track  eleva- 
tion and  subways  at  a salary  of  fifty  dollars  per  month,  payable 
in  semi-monthly  installments;  the  terms  of  said  offices  to  be 
for  one  year  from  the  date  of  appointment. 


384 


Ordinances  of  the  City  of  Cincinnati 


No.  43.  Passed  September  5,  1890. 

Prohibiting-  the  throwing  of  animal,  vegetable,  or  refuse  matter  into 
the  Ohio  River  for  a distance  of  two  thousand  feet  above  and  two 
thousand  feet  below  the  Waterworks,  and  providing  a penalty 
therefor. 

Be  it  ordained  by  the  City  Council  of  Cincinnati : 

Sec.  1.  That  it  shall  be  unlawful  for  any  person  to  dump 
or  throw  into  the  Ohio  River,  between  a point  two  thousand 
feet  above  the  City  Waterworks  and  a point  two  thousand  feet 
below  said  Waterworks,  any  animal  or  vegetable  matter,  or 
refuse  of  any  kind  ; and  any  person  found  guilty  of  so  doing 
shall  be  subject  to  a fine  of  not  less  than  twenty-five  dollars 
and  not  more  than  two  hundred  dollars,  or  to  be  imprisoned 
in  the  City  Workhouse  not  more  than  thirty  days,  or  both 
fined  and  imprisoned. 

No.  4186.  Passed  March  15,  1889. 

To  provide  safety  attachments  to  those  renting  power. 

Be  it  ordained  by  the  Common  Council  of  Cincinnati : 

SEC.  1.  That  it  shall  be  unlawful  for  any  one  to  sublet  or 
rent  power  to  any  one  without  providing  and  attaching  to  the 
main  shaft  proper  clutches  or  cutoffs  by  which  said  main  shaft 
can  be  instantly  stopped  without  waiting  to  stop  the  engine  or 
source  of  power. 

SEC.  2.  Any  person  renting  or  subletting  power  refusing 
to,  within  thirty  days  after  demand  has  been  made,  attach  such 
safety  devices  to  said  main  shaft  shall,  upon  being  adjudged 
guilty  in  the  Police  Court,  be  fined  not  less  than  five  dollars 
or  more  than  twenty -five  dollars  for  each  and  every  offense. 
The  police  authorities  are  charged  with  the  enforcement  of  this 
ordinance. 


Ordinances  of  the  City  of  Cincinnati 


385 


No.  1109.  Passed  September  28,  1896. 

To  regulate  the  hauling  of  sawdust,  ashes,  etc.,  through  the  streets 
of  the  City  of  Cincinnati. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati : 

Sec.  1.  That  every  person  hauling  sawdust,  ashes,  cinders, 
manure,  lime,  or  any  other  substance  of  such  a character  that 
it  is  liable  to  be  blown  away  or  carried  off  by  the  wind  through 
or  along  any  of  the  streets  of  the  city  of  Cincinnati,  whether 
the  same  will  be  hauled  in  a jolt-wagon  or  in  any  other  kind 
of  vehicle,  shall  be  required  to  haul  the  same  in  a vehicle  which 
is  so  thoroughly  tight-bedded  that  none  of  said  substances  can 
fall  out  upon  the  streets,  and  shall  also  be  required  to  cover 
completely  all  of  the  aforesaid  substances  in  such  vehicle  with 
canvas  duck  in  such  a manner  that  the  said  substances  can  not 
be  blown  from  said  vehicle  or  fall  off  the  same. 

SEC.  2.  By  the  term  “ person  hauling”  is  meant  not  only  the 
person  driving  the  vehicle,  but  also  the  owner  of  such  a vehicle. 

SEC.  3.  Any  person  who  violates  the  terms  of  this  ordi- 
nance shall  be  deemed  guilty  of  a misdemeanor,  and  upon 
conviction  thereof  in  the  Police  Court  of  the  city  of  Cincin- 
nati shall  be  fined  in  any  sum  not  exceeding  twenty  - five 
dollars,  together  with  the  costs  of  prosecution,  for  each  and 
every  offense. 

Ordinances  authorizing  Wagon-scaees  in  Streets. 

R.  E.  Secrist,  junction  of  Front  and  Second  streets,  near 
Lawrence.  (No.  4026,  passed  November  18,  1887.) 

Hudepohl  & Kotte,  front  of  Nos.  91  and  93  Clifton  Avenue, 
(No.  4321,  passed  January  24,  1890.) 

The  Lane  & Bodley  Company,  John  Street  south  of  Water 
Street.  (No.  145,  passed  March  6,  1891.) 

A.  B.  Apfel,  northwest  corner  of  Falke  and  Molitor  streets. 
(No.  667,  passed  October  28,  1893.) 

The  Jones  Bros.  Electric  Company,  St.  Clair  Alley  north  of 
Court  Street.  (No.  695,  passed  December  8,  1893.) 


386 


Ordinances  of  the  City  of  Cincinnati 


The  Winifrede  Coal  Company,  south  side  of  Giffin  Street, 
near  Lawrence.  (No.  814,  passed  June  22,  1894.) 

John  C.  Roth  Packing  Company,  south  side  of  Oehler  Street. 
(No.  943,  passed  June  21,  1895.) 

Early  & Daniel,  west  side  of  Harriet  Street.  (No.  1013, 
passed  December  6,  1895.) 

Jung  Brewing  Company,  east  side  of  Evans  Street.  (No.  76, 
passed  October  11,  1897.) 

John  S.  Furlong,  west  side  Plum  Street,  seventy-five  feet 
north  of  Second  Street.  (No.  509,  passed  July  9,  1900.) 

The  Gerke  Brewing  Company,  west  Canal  Street.  (No.  561, 
passed  October  29,  1900.) 

The  Anchor  Buggy  Company,  west  side  of  Berlin  Street. 
(No.  596,  passed  December  27,  1900.) 

Barney  Bunke,  1614  Westwood  Avenue.  (No.  620,  passed 
February  18,  1901.) 

The  J.  A.  Fay  & Egan  Company,  John  Street,  near  Front 
Street.  (No.  693,  passed  July  22,  1901.) 

Nicholas  Wolff,  southwesterly  side  of  Beechmont  Avenue, 
between  Eastern  Avenue  and  the  P.  C.  C.  & St.  L.  R.  R.,  in 
front  of  feedstore.  (No.  725,  passed  September  9,  1901.) 

The  Fairmount  Brewing  Company,  Quebec  Avenue,  oppo- 
site Westwood  Avenue.  (No.  65,  passed  July  13,  1903.) 

No.  481.  Passed  June  4,  1900. 

Amending-  Section  13  of  an  ordinance  entitled  “An  ordinance  for  the 
punishment  of  misdemeanors,  and  to  repeal  ordinances  therein 
named,”  passed  September  3,  1850. 

Be  it  ordained  by  the  Board  oj  Legislation  of  Cincinnati: 

(1)  That  Section  13  of  an  ordinance  entitled  “An  ordinance 
for  the  punishment  of  misdemeanors,  and  to  repeal  ordinances 
therein  named,”  passed  September  3,  1856,  be  and  the  same  is 
hereby  amended  so  as  to  read  as  follows  : 

“SEC.  13.  The  patent  spring  balance. — It  shall  be  unlawful 
for  any  person  or  persons  to  use  the  patent  spring  balance  for 


387 


Ordinances  of  the  City  of  Cincinnati 

the  purpose  of  determining  the  weight  of  any  article  bought  or 
sold  within  the  corporation  limits,  unless  such  spring-balance 
scales  shall  be  supplied  with  an  automatic  compensating  device 
to  correct  the  errors  caused  by  change  of  temperature ; or  for 
any  person  to  offer  or  expose  for  sale  any  bread  unless  the 
same  is  made  of  good,  wholesome  flour  or  meal,  or  both,  and 
all  bread  offered  or  exposed  for  sale  shall  have  the  weight  of 
the  same  stamped  on  each  loaf.” 

(2)  That  said  Section  13  of  said  ordinance,  passed  September 
3,  1856,  be  and  the  same  is  hereby  repealed. 

No.  155.  Passed  March  14,  1898. 

Providing-  for  furnishing-  and  care  of  a horse  and  bug-g-y  for  the 
serg-eant  - at  - arms. 

Be  it  ordained  by  the  Board  of  Legislation  oj  Cincinnati: 

Sec.  1.  That  an  allowance  of  four  hundred  dollars  per 
annum  be  made  to  the  sergeant-at-arms  of  this  board  for  fur- 
nishing, care,  and  expense  of  a horse  and  buggy  for  the  use  of 
said  sergeant-at-arms ; said  allowance  of  four  hundred  dollars 
to  be  paid  out  of  the.  incidental  fund  of  this  board  in  monthly 
installments. 

Sec.  2.  All  ordinances  or  parts  of  ordinances  conflicting 
herewith  are  hereby  repealed. 

No.  633.  Passed  March  25,  1901. 

To  reg-ulate  the  sale  of  sheep,  lambs,  g-oats,  and  kids. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati : 

Sec.  1.  That  no  person  shall  sell  or  offer  for  sale  in  the 
city  of  Cincinnati  any  sheep,  lamb,  goat,  or  kid  that  has  been 
slaughtered,  until  the  head,  feet,  pelt,  and  plucks  thereof  shall 
have  been  completely  severed  therefrom. 

Sec.  2.  Whoever  violates  the  provisions  of  this  ordinance 
shall,  upon  conviction  thereof,  be  fined  in  any  sum  not  exceed- 
ing one  hundred  dollars. 


388 


Ordinances  of  the  City  of  Cincinnati 


NO.  503.  Passed  July  2,  1900. 

To  prohibit  the  calling-  out  or  habitual  solicitation  of  any  trade  or 
business,  or  the  improper  conduct  of  the  same,  in  any  public 
street  or  place  of  the  city.  (Amended  by  the  insertion  of  the  excep- 
tions as  to  hotels  added  to  Sec.  1 by  Ordinance  No.  535,  passed  Sept.  1,  1900, 
and  finally  amended  as  to  Sec.  1 by  Ordinance  No.  545,  passed  Oct.  8,  1900.) 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati : 

Sec.  1.  That  it  shall  be  unlawful  for  any  person,  firm, 
or  corporation,  except  licensed  peddlers,  hucksters,  farmers, 
expressmen,  hackmen,  and  cabmen,  now  or  hereafter  engaged 
in  any  business  or  calling,  or  in  the  purchase,  sale,  or  disposition 
of  any  article  or  thing  whatsoever,  or  carrying  on  any  kind  of 
business  in  said  city  of  Cincinnati,  to  call  out  or  to  have  any 
one  call  out  such  business,  or  to  attempt  to  purchase,  sell,  or 
dispose  of  any  such  article  or  thing  whatsoever,  or  to  pursue 
any  such  business  upon  any  public  sidewalk,  street,  highway, 
or  public  place  in  the  city  of  Cincinnati,  or  to  habitually  solicit 
from  strangers,  pedestrians,  or  persons  upon  such  sidewalk, 
street,  or  highway  any  such  trade,  business,  or  calling,  or  to 
offensively  conduct  any  such  trade,  business,  or  calling  upon 
any  premises  adjacent  to  any  sidewalk,  street,  highway,  or 
public  place  within  said  city,  or  to  have  any  other  person  to 
do  so  for  him  or  them  ; and  it  shall  also  be  unlawful  for  any 
person  to  so  conduct  any  such  business,  trade,  or  calling  for 
any  other  person,  firm,  or  corporation. 

Except  that  solicitors  of  hotels  having  ten  or  more  rooms 
shall  be  permitted  to  solicit  custom  for  such  hotels  upon  the 
following  terms  and  conditions  : 

First — That  each  such  hotel  solicitor  shall  obtain  from  the 
city  auditor,  upon  issuance  to  him  by  the  mayor  of  a proper 
certificate  therefor,  a badge  designating  the  hotel  for  which  he 
may  solicit,  such  badge  to  be  by  him  conspicuously  displayed 
while  he  shall  be  in  the  act  of  soliciting  business.  Such  cer- 
tificate shall  be  issued  by  the  mayor  only  upon  satisfactory 
evidence  of  the  good  character  of  the  applicant.  Such  badge 
shall  be  issued  by  the  city  auditor  only  upon  payment  into  the 
treasury  of  the  city,  for  the  benefit  of  the  General  Fund,  of  the 
sum  of  twenty-five  dollars  for  each  year  of  use  of  same. 


Ordinances  of  the  City  of  Cincinnati 


389 


Second — The  person  thus  authorized  and  licensed  to  solicit 
for  a hotel  of  ten  or  more  rooms  shall  not  ply  his  vocation  in 
any  manner  that  may  be  offensive  to  individuals  or  to  the 
general  public,  as  by  calling  in  a loud  voice,  or  by  pushing 
or  elbowing  any  person,  or  by  laying  on  of  hands  upon  any 
person  or  persons. 

Sec.  2.  Ally  person,  firm,  or  corporation  who  shall  violate 
any  of  the  provisions  of  Section  1 of  this  ordinance  shall  be 
deemed  guilty  of  a misdemeanor,  and  upon  conviction  thereof 
by  the  Police  Court  shall  for  each  offense  be  fined  in  any  sum 
not  exceeding  fifty  dollars  and  the  cost  of  prosecution. 

SEC.  3.  All  ordinances  and  parts  of  ordinances  in  anywise 
conflicting  with  this  ordinance  are  hereby  repealed. 

NO.  66.  Passed  June  29,  1903. 

Prohibiting-  the  solicitation,  in  any  manner,  of  any  business,  occu- 
pation, or  employment  within  certain  places  adjacent  to  public 
buildings. 

Be  it  ordained  by  the  Council  of  the  City  of  Cincinnati , State  of  Ohio : 

SEC.  1.  That  it  shall  be  unlawful  for  any  person  or  persons, 
whether  as  principal  or  agent,  to  call  out  or  solicit,  at  any  time 
or  in  any  manner,  the  purchase  or  sale  of  any  article,  goods, 
wares,  or  merchandise  whatsoever  on  any  street,  alley,  or 
public  way  within  the  city  of  Cincinnati,  within  ten  feet  of 
any  regularly  laid  street  crossing,  which  leads  to  any  railroad 
depot,  steamboat  landing,  hotel,  theater,  or  other  public  build- 
ing, or  to  solicit,  in  the  manner  above  set  forth,  on  the  side- 
walk in  front  of  or  any  place  within  ten  feet  of  any  entrance 
to  any  such  railroad  depot,  steamboat  landing,  hotel,  theater, 
or  other  public  building. 

Sec.  2.  Any  person  violating  the  provisions  of  this  ordinance 
shall,  upon  conviction  in  the  Police  Court,  be  fined  a sum  not 
less  than  five  nor  more  than  twenty-five  dollars,  together  with 
the  costs  of  prosecution,  for  each  and  every  violation. 

SEC.  3.  All  ordinances  or  parts  of  ordinances  heretofore 
passed  inconsistent  with  this  ordinance  .shall  be  and  hereby 
are  repealed. 


390 


Ordinances  of  the  City  of  Cincinnati 


No.  529.  Passed  August  14,  1900. 

Granting-  to  Thomas  J.  Emery  and  John  J.  Emery  and  to  their  heirs 
the  right  to  have  and  maintain  pipes,  for  the  furnishing  of  heat, 
under  St.  James  Avenue,  south  of  Nassau  Street. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati: 

Sec.  1.  That  Thomas  J.  Emery  and  John  J.  Emery  and 
their  heirs  be  and  they  hereby  are  granted  the  right  to  have 
and  maintain  pipes  under  St.  James  Avenue,  south  of  Nassau 
Street,  and  to  pass  across  or  along  the  line  of  said  street,  either 
within  or  without  the  line  of  the  sidewalk,  for  the  exclusive 
purpose  of  furnishing  heat  to  the  buildings  now  or  hereafter 
to  be  erected  upon  the  real  estate  upon  or  near  said  portion 
of  said  street  now  owned  or  leased  by  said  Thomas  J.  Emery 
and  John  J.  Emery  ; provided  that  the  heat  which  may  be 
transmitted  through  such  pipes  is  to  be  used  exclusively  by 
said  Thomas  J.  Emery  and  John  J.  Emery,  or  by  either  of 
them,  or  by  either  of  their  heirs,  or  by  their  or  either  of  their 
tenants,  and  by  no  one  else.  The  character  of  the  pipes  so 
to  be  laid,  and  the  depth  to  which  and  the  place  where  they 
shall  be  laid,  to  be  approved  by  the  Board  of  Public  Service 
of  Cincinnati,  Ohio. 

Sec.  2.  The  said  Thomas  J.  Emery  and  John  J.  Emery 
and  their  heirs  shall  have  and  are  hereby  given  the  right, 
under  the  direction  and  supervision  of  the  Board  of  Public 
Service  of  Cincinnati,  Ohio,  at  their  own  expense,  to  open  the 
said  portion  of  said  St.  James  Avenue  and  sidewalks  thereon 
for  the  purpose  of  laying,  examining,  or  repairing  such  pipes, 
and  any  openings  made  by  them  in  said  part  of  said  street  or 
in  the  sidewalks  thereon  are  to  be  replaced  to  the  satisfaction 
of  the  said  Board  of  Public  Service  or  of  the  engineer  of  the 
city  of  Cincinnati,  Ohio. 

Sec.  3.  The  grant  herein  shall  be  for  the  period  of  ten 
years. 


Ordinances  of  the  City  of  Cincinnati 


391 


No.  907.  Passed  August  11,  1902. 

Granting-  to  the  Cincinnati  Times  - Star  Company  the  right  to  lay 
and  maintain  a pipe  connection  under  and  across  East  Sixth 
Street. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati : 

Sec.  1.  That  the  right  is  hereby  granted  to  the  Cincinnati 
Times-Star  Company  to  lay  under  East  Sixth  Street,  crossing 
beneath  the  surface  of  that  street  at  a depth  of  seven  feet  or 
more,  at  a point  ninety  feet,  more  or  less,  east  of  the  east  line 
of  Walnut  Street,  a sewer-pipe  of  ten  inches  diameter,  in  which 
shall  be  laid  pipes  for  the  purpose  of  transmission  of  steam. 

Sec.  2.  Said  pipe  shall  be  laid  under  direction  of  the  Board 
of  Public  Service,  in  such  manner  as  not  to  interfere  with  any 
sewer  or  other  pipes.  The  right  to  maintain  the  same  shall 
be  for  a period  of  twenty  years.  The  laying  of  such  pipe 
shall  be  at  the  expense  of  the  said  Cincinnati  Times-Star  Com- 
pany, and  that  company  shall,  under  the  direction  of  the  Board 
of  Public  Service,  restore  to  as  good  condition  as  before  the 
disturbance  of  the  street  for  such  laying  the  surface  of  the 
street  so  disturbed. 

Stationary  Engineers — Examination  and  License. 

This  city  department  no  longer  exists.  The  last  ordinance 
was  No.  518  (passed  July  31,  1900),  to  amend  an  ordinance, 
No.  471,  to  provide  for  rules  and  regulations  for  the  examina- 
tion and  licensing  of  stationary  engineers  in  charge  of  stationary 
engines  and  boilers,  as  required  by  an  act  entitled  “An  act  for 
the  protection  of  life  and  property  in  cities  of  the  first  grade 
of  the  first  class,”  passed  April  14,  1900.  This  ordinance  has 
been  quite  recently  nullified  by  a Supreme  Court  decision, 
following  that  in  the  Steinkamp  case,  building  inspector’s 
department  (fire-escapes),  that  the  act  above  referred  to  was 
in  conflict  with  Section  26,  Article  2,  of  the  Constitution. 
The  business  of  this  department  has  therefore  passed  under 
state  control. 


392 


Ordinances  of  the  City  of  Cincinnati 


NAMES  OF  STREETS. 


No.  4108.  Passed  August  31,  1888. 

To  name  and  to  change  the  names  of  certain  streets,  avenues,  and 
alleys  of  the  City  of  Cincinnati,  as  designated  therein. 

Be  it  ordained  by  the  Common  Council  of  Cincinnati : 

Sec.  1.  That  the  names  of  certain  streets,  avenues,  and 
alleys  of  the  city  of  Cincinnati  be  and  the  same  are  hereby 
changed  and  established,  as  follows  : 

Adam  street,  from  Colerain  avenue  west  to  C.  W.  & B.  Railroad,  called 
Draper  street. 

Adams  street,  from  Elm  to  East  Plum  street,  called  Odeon  street. 

Addie  alley,  from  Westwood  avenue  south,  called  Balders  alley. 

Addy  alley,  from  Race  street  east  to  a point,  called  Princeton  alley. 

Alexander  street,  from  St.  Clair  street  north  to  Ludlow  avenue,  called 
Bishop  street. 

Allen  avenue,  from  Paxton  avenue  west,  called  Almon  avenue. 

Allen  avenue,  from  Spring-Grove  avenue  east  to  Colerain  avenue, 
called  Monmouth  avenue. 

Andress  avenue,  from  Mt.  Hope  road  east,  called  Bushuell  street. 

Andrews  street,  from  Corry  to  Boone  street,  called  Andy  street. 

Anna  alley,  from  Pendleton  east  to  Hunt  street,  called  Bolivar  alley. 

Annie  street,  from  Emming  to  a point  north  of  Warner  street,  called 
Victor  street. 

Auburn  place,  from  Sycamore  west  to  Locust  street,  called  Victoria 
place. 

Avery  alley,  from  York  to  Dayton  and  Garden  streets,  called  Bright 
alley. 

Ann  street,  from  West  Sixth  street  north  to  Warsaw  pike,  called 
Warsaw  avenue. 

Adams  alley,  from  Linn  east  to  Bell  street,  called  Eve  alley. 

Auburn  street,  from  Sycamore  north  to  Vine  street,  called  Sycamore 
avenue. 

Barr  alley,  from  Mound  west  to  Stone  street,  called  Barrel  alley. 

Beech  street,  from  McMillan  north  to  Kemper  street,  called  Livonia 
street. 

Bell  avenue,  from  Glenway  avenue  north  to  section  line,  called 
Mansion  place. 

Bogen  alley,  from  York  street  to  York  alley  and  Dayton  street,  called 
Brighton  alley. 

Brook  street,  from  Evans  to  Factory  street  (Twenty  - first  Ward), 
called  Erie  street. 

Brooks  alley,  from  Park  street  to  section  line  (Fairmount),  called 
Union  alley. 

Brooks  avenue,  from  Fisher  east  to  Wilson  avenue,  called  Huron 
avenue. 

Browne  street,  from  McMicken  avenue  north  to  Clifton  corporation 
line,  called  McMicken  avenue. 

Brown  alley,  from  Central  avenue  west  to  Clarkson  street,  called 
Baxter  alley. 

Browne  alley,  from  Corry  to  Freeman  avenue,  called  Block  alley. 


Ordinances  of  the  City  of  Cincinnati 


393 


Birch  avenue,  from  Grandin  road  southwest  to  Woodland  avenue, 
called  Freeland  avenue. 

Barr  street,  from  Eastern  avenue  south  to  Ohio  river,  called  Wooley 
street. 

Bell  street,  from  Livingston  north  to  Findlay  street,  called  Bauman 
street. 

Bell  street,  from  Fern  north  to  Moore  street,  called  Delaware  street. 

Boone  street,  from  Madison  street  east  to  Eden  avenue,  called 
Daniels  street. 

Brighton  street,  from  Barnard  street  north  to  Queen-City  avenue, 
called  Buck  street. 

Buckeye  street,  from  Main  west  to  Vine  street,  called  Clifton  avenue. 

Bogart  alley,  from  Dodsworth  avenue  to  Elmore  street,  called  Tozzer 
alley. 

Buckeye  street,  from  Washington  west  to  Lane  street,  called  Lyman 
street. 

Bates  avenue,  from  Chase  avenue  to  northern  terminus,  called  Fair- 
field  avenue.  . 

Brooklyn  street,  from  Kirby  road  west  to  Colerain  avenue,  called 
Virginia  avenue. 

Beach  street,  from  Spring -Grove  avenue  to  a point  southwest  of 
Ford  street,  called  Geringer  street. 

Belleview  avenue,  from  Freeman  avenue  east,  called  Klotter  avenue. 

Burnet  street,  from  Vine  west  to  Race  street,  called  Baker  street. 

Banning  street,  from  Hamilton  pike  west  to  Colerain  avenue,  called 
Chase  avenue. 

Canal  street,  from  Rachel  street  north,  called  Gourd  street. 

Canal  street,  from  Rose  street  west,  called  Duet  street. 

Canal  street,  from  Evans  street  east,  called  Channel  street. 

Carroll  street,  from  Miami  canal  west  to  Spring-Grove  avenue,  called 
Sassafras  street. 

Carr  street,  from  Railroad  avenue  north  to  Columbia  avenue,  called 
Aspasia  street. 

Cemetery  street,  from  Kemper  lane  east  to  South  Elm  street,  called 
Necropolis  street. 

Cemetery  road,  from  Warsaw  pike  south,  called  Enright  avenue. 

Center  street,  east  and  west  from  Mt.  Hope  road  (Twenty-first  Ward), 
called  Belmont  avenue. 

Center  street,  from  Colerain  avenue  to  Browne  street  (Camp  Wash- 
ington), called  Hopple  street. 

Center  street,  from  Barr  to  Lewis  street,  called  Centaur  street. 

Chestnut  avenue,  from  Carson  avenue  west,  called  Chestnut-tree  avenue. 

Church  avenue,  from  Gilbert  avenue  east  of  Maple  street,  called 
Churchill  avenue. 

Church  street,  from  Depot  street  to  State  avenue,  called  Dutton  street. 

Coleman  street,  from  York  street  north  to  Harrison  avenue,  called 
Colerain  avenue. 

College  alley,  from  Milton  to  a point  south  of  Abigail  street,  called 
Pica  alley. 

College  avenue,  from  Mt.  Hope  road  northeast  to  Washington  avenue, 
called  Brevier  avenue. 

Columbia  street,  from  Main  street  to  Thompson  avenue,  called  Agate 
street. 

Cypress  avenue,  from  Cedar  avenue  north,  called  Minion  Avenue. 

Cypress  street,  from  Ashland  street  to  Francis  lane,  called  Bultman 
street. 

Charles  (or  Tozzer)  street,  from  Dodsworth  avenue  to  Elmore  street, 
called  Spaeth  street. 

Chapel  street,  from  Walnut  west  to  Vine  street,  called  Lippencott  street. 


394 


Ordinances  of  the  City  of  Cincinnati 


Charles  street,  from  Browne  street  west  to  C.  & B.  R.  R.,  called 
Bader  street. 

Charles  street,  from  Cinnamon  street  northeast  to  a point,  called 
Revoke  street. 

Charles  street,  from  New  Baltimore  pike  north  to  south  of  Lucky 
street,  called  Seegar  avenue. 

Chatham  street,  from  Harrison  pike  west  to  section  line,  called 
Montrose  street. 

Cherry  street,  from  Walnut  street  north  to  a point  south  of  Dexter 
avenue,  called  Kleine  street. 

Chestnut  street,  from  Gilbert  avenue  east  to  Elm  street,  called 
Foraker  avenue. 

Church  street,  from  Pavilion  street  south  to  a point,  called  Guido  street. 

Church  street,  from  West  Sixth  northwest  of  Stone  street,  called 
McConnell  street. 

Church  street,  from  McMillan  north  to  Hackberry  street,  called 
Hackberry  street. 

Clay  street,  from  Madison  pike  east  to  Hackberry  street,  called 
Clayton  street. 

Clay  street,  from  Washington  northeast  to  Oak  street,  called  Kerper 
avenue. 

Cooper  street,  from  Spring  street  intersection  northwest  to  west 
section  line,  called  Champlain  street. 

Cross  street,  from  Clifton  incline  plane  west  to  section  line,  called 
Renner  street. 

Cross  street,  from  Western  Avenue  southwest  to  Duck  street,  called 
McRoberts  street. 

Cecil,  Water,  or  Tozzer  street,  from  Hanfield  street  north  to  a point 
north  of  Chase  street,  called  Banning  avenue. 

Collins  street,  from  Mt.  Hope  road  southwest  to  Mt.  Echo  road, 
called  Aurora  avenue. 

Chase  avenue,  from  Woodburn  to  Wold  avenue,  called  F airfax  avenue. 

Carlisle  avenue,  from  Burnet  west  to  Eden  avenue,  called  Piedmont 
avenue. 

Carson  street,  from  Eden  to  Burnet  avenue,  called  Arizona  avenue. 

Colerain  pike,  from  Streng  or  Division  street  north  to  corporation 
line,  called  Colerain  avenue. 

Davies  street,  from  Boal  street  north  to  Auburn  avenue,  called 
Alma  street. 

Depot  street,  from  West  Fifth  northwest  to  West  Sixth  street,  called 
Toledo  street. 

Drake  street,  from  Eastern  avenue  south  to  Ohio  river,  called 
Munson  street. 

Delhi  and  Industry  pike  called  Delhi  avenue. 

Dodsworth  avenue,  from  Spring-Grove  avenue  west  to  corporation 
line,  called  Dreman  avenue. 

Eden  street,  from  Buckeye  north  to  Main  street,  called  Antique  street. 

Edwards  street,  from  Oscar  place  north,  called  Bourgeois  street. 

Ellen  (or  Clara)  street,  from  North  avenue  to  Orange  street,  called 
Clara  street. 

Evans  alley,  from  Wayne  north  to  St.  Clair  street,  called  Diamond  alley. 

Eastern  avenue,  from  Southern  north  to  Northern  avenue,  called 
Ithaca  avenue. 

Elizabeth  street,  from  Chatham  street  north  to  Harrison  pike,  called 
Betsy  street. 

Elizabeth  street,  from  Ludwick  southwest  to  Spring  street,  called 
Lokato  street. 

Elizabeth  street,  from  Depot  street  east  to  C.  H.  & D.  R.  R.,  called 
Kelso  street. 


Ordinances  of  the  City  of  Cincinnati 


395 


Elm  street,  from  McMillan  north  to  Chestnut  street,  called  Elm- 
wood avenue. 

Evans  street,  from  Auburn  avenue  west  to  Vine  street,  called  Hol- 
lister street. 

Fairview  avenue,  southeast  from  McHenry  road,  called  Fyffe  avenue. 

Fairview  avenue,  from  Madisonville  pike  north,  called  Vista  avenue. 

Fairview  avenue,  from  McHenry  road  north  to  section  line,  called 
Fyffe  avenue. 

Fifth  avenue,  from  James  street  to  Stock  avenue,  called  Cormany 
avenue. 

First  street,  from  Southern  avenue  north,  called  Viola  street. 

Forest  street,  from  Colerain  east  to  Fourth  avenue,  called  Hey- 
wood  street. 

Fourth  avenue,  from  Marshall  avenue  to  Workhouse,  called  Massa- 
chusetts avenue. 

Fulton  avenue,  from  Washington  street  east  to  section  line,  called 
Gladstone  avenue. 

Ford  street,  from  Spring-Grove  avenue  southwest  to  Beech  street, 
called  Rawlston  avenue. 

Fountain  street,  from  Township  street  north  to  Spring-Grove  avenue, 
called  Rawson  street. 

Fountain  street,  from  McGrew  west  to  Rice,  called  Winkler  street. 

Fountain  street,  from  Sedam  street  northeast  to  Delhi  pike,  called 
Hartman  street. 

Frank  street,  from  Brooklyn  street  west  to  Douthwait  avenue,  called 
Tarrant  street. 

French  street,  from  Ohio  river  north  to  Columbia  avenue,  called 
Hartshorn  street. 

Fourth  street,  from  Fergus  east  to  Dane  street,  called  Bowler  street. 

Fourth  street,  from  Dane  east  to  Linden  avenue,  called  Capeller  street. 

Garrard  avenue,  from  Horn  to  Mill  creek,  called  Jeptha  avenue. 

Grove  street,  from  Brooklyn  west  to  Doane  street,  called  Druid  street. 

Glenway  avenue,  from  Linwood  pike  north  to  corporation  line, 
called  Monticello  avenue. 

Glenway  avenue,  from  Fleming  southwest  to  Ashland  street,  called 
Minnehaha  avenue. 

Garden  street,  from  M.  & C.  R.  R.  west  to  Beech  street,  called  Groub 
street. 

Grand  street,  from  Madison  pike  west  to  Grandin  road,  called 
Beechwood  avenue. 

Grand  street,  from  Central  avenue  north  to  Holden  street,  called 
Iroquois  street. 

George  street,  east  of  Elm  street,  called  Shillito  avenue. 

George  street,  west  of  Mound  street,  called  Kenyon  street. 

Gulow  alley,  east  of  Hamilton  pike  to  Spring-Grove  avenue,  called 
Herbert  alley. 

Grand  avenue,  from  Crawfish  road  east  to  section  line,  called  Rock- 
bridge avenue. 

Hamilton  street,  from  Liberty  street  southwest  of  C.  H.  & D.  R.  R., 
called  Detroit  street. 

Harrison  pike,  from  Mill  creek  north  to  corporation  line,  called 
Harrison  avenue. 

Harrison  street,  from  Broadway  east  to  Culvert  street,  called  On- 
tario street. 

Hawthorne  street,  from  State  avenue  southeast,  called  Saratoga  street. 

Helen  street,  from  Hunt  street  west  to  a point,  called  Nellie  street. 

Helen  street,  from  St.  Clair  north  to  Nixon  street,  called  Imperial 
street. 

Hillside  street,  north  of  Linwood  pike,  called  Thetis  street. 


396 


Ordinances  of  the  City  of  Cincinnati 


Hillside  avenue,  from  Wright  avenue  northeast  to  a point,  called 
Utica  street. 

Hillside  road,  from  Goodwin  street  north,  called  Pulaski  street. 

Hutchinson  street,  from  Hoffner  to  Bluerock  street,  called  Gulow 
street. 

Highland  avenue,  from  Carson  street  south  to  Earnshaw  avenue, 
called  Imogene  avenue. 

Hamer  street,  from  Taylor  street  northeast  to  Wooster  pike,  called 
Stanley  street. 

Hanover  street,  from  Church  street  southwest  to  section  line,  called 
Bismarck  street. 

High  street,  from  Evans  street  east  to  a point,  called  Perin  street. 

High  street,  from  Barnard  street  southwest  to  Western  avenue,  called 
Lowry  street. 

Hill  street,  from  Central  avenue  northwest  to  New  Baltimore  pike, 
called  Liddell  street. 

Hill  street,  from  Glen  way  avenue  south  to  a point,  called  Neff  street. 

Hill  street,  from  Colerain  south  to  Eastern  avenue,  called  Harrell  street. 

Hoffner  street,  from  Stock  north  to  Bates  avenue,  called  Cormany 
avenue. 

Home  street,  from  McMillan  north  to  Oak  street,  called  Winslow 
avenue. 

Hoadly  street,  from  Fifth  north  to  Sixth  street,  called  Baymiller  street. 

Hamilton  pike,  from  Spring  - Grove  avenue  north  to  corporation 
line,  called  Hamilton  avenue. 

Irwin  street,  from  Millcreek  road  west  to  Charles  street,  called 
Frederick  street. 

James  street,  from  Fountain  northeast  to  Locust  street,  called 
Calumet  street. 

James  street,  from  Eden  avenue  east  to  a point,  called  Trafalgar  street. 

John  street,  from  Spring  street  north  to  High  avenue,  called  Massa- 
soit  street. 

Johnson  street,  from  Wayne  north  to  St.  Clair  street,  called  Pow- 
hatan street. 

Josephine  street,  from  Dane  avenue  west  to  Hamilton  pike,  called 
Pullan  avenue. 

Jackson  avenue,  from  Mt.  Hope  road  northeast  to  a point,  called 
Orleans  avenue. 

Jefferson  avenue,  from  Rapidrun  road  south  to  a point  south  of 
Eighth  street,  called  Tallulah  avenue. 

James  street,  from  Colerain  avenue  to  Miami  canal,  called  Town- 
ship street. 

Jacobs  alley,  from  Harriet  street  west  to  a point,  called  Deming  alley. 

Jacobs  alley,  from  Miami  canal  west  to  Central  avenue,  called 
Laredo  alley. 

Kemper  street,  from  Gilbert  avenue  east  to  Elm  street,  called  Pallas 
street. 

Kemper  place,  from  Lawson  street  south,  called  Flora  place. 

Kinsey  street,  from  State  north  to  Fairmount  avenue,  called  Saturn 
street. 

Kirby  street,  from  Pavilion  north  to  Hatch  street,  called  Belve- 
dere street. 

Kleine  court,  from  Hackberry  to  Kleine  street,  called  Pomona  court. 

Kibby  street,  from  Montgomery  road  north  to  McMillan  street, 
called  May  street. 

Knowlton  street,  from  Colerain  avenue  south  to  Elmore  street, 
called  Cecil  street. 

Kirby"road,  from  Colerain  avenue  north  to  corporation  line,  called 
Kirby  avenue. 


Ordinances  of  the  City  of  Cincinnati 


397 


Lafayette  street,  from  Short  to  McMillan  street,  called  Marquis  street. 

Lickrun  road,  from  Queen-City  avenue  southwest  to  Warsaw  pike, 
called  Quebec  road. 

Lickrun  road,  from  Section  road  north,  called  Quebec  road. 

Lincoln  place,  from  Hopkins  north  to  Kenner  street,  called  Presi- 
dent place. 

Ludwick  street,  from  Park  avenue  south,  called  Ivan  street. 

Logan  avenue,  east  from  Tusculum  avenue,  called  Sachem  avenue. 

Lincoln  street,  from  Woodburn  avenue  west  to  west  section  line, 
called  Westminster  street. 

Locust  street,  from  Lane  street  east  to  Madison  pike,  called  Hopper 
street. 

Lake  avenue,  from  Nassau  street  south  to  north  line  of  Eden  Park, 
called  Luray  avenue. 

Linden  street,  from  Alfred  street  northwest  to  New  Baltimore  pike, 
called  Fenner  street. 

Linden  street,  from  Myrtle  south  to  Kemper  street,  called  Preston 
street. 

Locust  street,  from  McMicken  avenue  northeast  to  Main  street, 
called  Cherokee  street. 

Lodwick  street,  from  Audubon  street  west  to  Drake  alley,  called 
Tecumseh  street. 

Lane  street,  from , called  Stanton  avenue. 

Ludlow  avenue,  from  Spring-Grove  avenue  south  to  Miami  canal, 
called  Dodsworth  avenue. 

Lick  street,  from  Kirby  road  east  to  Hamilton  pike,  called  Gleu- 
Parker  avenue. 

Ludlow  street,  from  Fourth  street  south  to  Ohio  river,  called  Cale- 
donia street. 

McMillan  street,  from  Boone  north  to  St.  Clair  street,  called 
Mingo  street. 

Madison  street,  from  Concord  west  to  a point  west  of  Fowler  street, 
called  Burbank  street. 

Madison  street,  from  Elm  east  and  west  to  East  Plum  street,  called 
Magnolia  street. 

Madison  street,  from  Queen-City  avenue  north  to  Harrison  pike, 
called  Rankin  street. 

Main  street,  from  Eastern  avenue  south  to  Ohio  river,  called  Brad- 
ley street. 

Main  street,  from  Evans  street  east  to  a point  west  of  Mill  creek, 
called  West  Sixth  street. 

Main  street,  from  Columbia  avenue  south  to  Ohio  river,  called 
St.  Andrew’s  street. 

Marsden  alley,  from  Langland  street  east  to  Fergus  street,  called 
Howell  alley. 

Margaret  street,  from  a point  west  of  Mound  west  to  Baymiller  street, 
called  Wingate  alley. 

Martin  street,  from  Marshall  south  to  a point  north  of  Straight 
street,  called  Schott  street. 

Mary  street,  from  Ellen  north  to  Kilgour  street,  called  Finn  street. 

May  street,  from  Eastern  avenue  south  to  Ohio  river,  called  May- 
apple  street. 

Mitchell  street,  from  Eastern  avenue  south  to  Taylor  street,  called 
Setchell  avenue. 

Monroe  street,  from  Hopkins  north  to  Kenner  street,  called  Sauls- 
bury  street. 

Moore  street,  from  Bell  street  east  to  a point,  called  Omaha  street. 

Morgan  street,  from  Fern  street  north  to  a point,  called  Concordia 
street. 


398 


Ordinances  of  the  City  of  Cincinnati 


Mulberry  street,  from  Chapel  north  to  Chestnut  street,  called  Mon- 
fort street. 

Madison  street,  from  McMillan  north  to  St.  Clair  street,  called  Scioto 
street. 

Melancthon  street,  from  Central  avenue  west  to  Jones  street,  called 
Bauer  avenue. 

McMakin  street,  from  Apple  to  Joe  Williams  street,  called  McMakin 
alley. 

Madison  avenue,  from  Catholic  cemetery  north  to  Lickrun  pike, 
called  Fountain  avenue. 

Madisonville  pike,  from  McMillan  street  northeast  to  corporation 
line,  called  Madisonville  avenue. 

Maple  street,  from  Western  avenue  northwest  to  a point,  called 
Moosewood  street. 

Miami  avenue,  from  Dixon  street  north,  called  Hugo  avenue. 

Morris  avenue,  from  Mt.  Hope  road  southwest,  called  Gabriel  avenue. 

Mount  Hope  road,  from  West  Sixth  street  north,  called  Mt.  Hope 
avenue. 

Mount  street,  from  Sycamore  west  and  north  to  McGrew  street, 
called  Excelsior  street. 

Myrtle  street,  from  Township  north  to  Hopple  street,  called  Beard 
street. 

Maple  street,  from  Chestnut  street  north  to  a point,  called  Mentor 
street. 

Mt.  Harrison  road,  from  South  avenue  (Barrsville),  called  Grand  avenue. 

Madison  avenue,  400  feet  east  of  west  corporation  line,  called  Buch 
avenue. 

Northern  avenue,  from  Auburn  avenue  east  to  a point,  called  Su- 
perior avenue. 

North  street,  from  Eastern  avenue  northwest  to  a point,  called 
Frazer  street. 

North  avenue,  from  South  avenue  west  and  south  to  a point  west  of 
Ives  street,  called  Northside  avenue. 

North  avenue,  from  Washington  north  to  Oak  street,  called  Fredonia 
avenue. 

North  avenue,  from  Neff  avenue  east  and  north  to  section  line,  called 
Kineon  avenue. 

Oak  avenue,  from  Lane  street  east  to  Gilbert  avenue,  called  Indiana 
avenue. 

Oak  street,  from  McMicken  avenue  northeast  to  Mulberry  street, 
called  Cambria  street. 

Oak  street,  from  Harrison  pike  north  to  State  street,  called  Adler 
street. 

Oak  street,  from  Mathers  street  wTest  to  Avondale  corporation,  called 
Melbourne  street. 

Observatory  street,  from  Hill  to  Hatch  street,  called  St.  Gregory  street. 

Orchard  street,  from  Tusculum  avenue  southeast  and  northwest, 
called  Pocahontas  place. 

Orchard  street,  from  West  Sixth  Street  northwest  to  a point,  called 
Steiner  street. 

Orchard  street,  from  Westwood  avenue  south  to  a point  north  of 
Lionel  avenue,  called  Amor  place. 

Oswaldt  street,  from  Queen  - City  avenue  south  to  a point,  called 
Zinck  street. 

Observatory  road,  from  Mitchell  west  to  Baum  street,  called  Monas- 
tery street. 

Park  place,  from  Auburn  to  Bigelow  street,  called  Bullock  place. 

Park  street,  from  Irwin  street  northeast  to  a point  east  of  Fair- 
mount  avenue,  called  Byington  street. 


Ordinances  of  the  City  of  Cincinnati 


399 


Pine  street,  from  Queen-City  avenue  north  to  Irwin  street,  called 
Pinetree  street. 

Pond  street,  from  Molitor  north  to  Wayne  street,  called  Seminole 
street. 

Prospect  street,  from  Fairmount  avenue  north  to  Sunset  street,  called 
Lucky  avenue. 

Prospect  street,  from  Davies  east  to  Young  street,  called  Pueblo  street. 

Parker  place,  from  Warsaw  pike  north  to  a point,  called  Parkson 
place. 

Pendleton  avenue,  from  Crawfish  creek  north,  called  Humbert  avenue. 

Pine  avenue,  from  Ferris  to  Observatory  avenue,  called  Masart  avenue. 

Price  street,  from  Liberty  to  a point  north  of  Carmalt  street,  called 
Beckett  street. 

Park  avenue,  from  Spring  street  northeast  and  southeast  to  River- 
side corporation,  called  Illinois  avenue. 

Park  avenue,  from  Bassett  road  north  to  Warsaw  pike  and  College 
avenue,  north  Glenway,  called  Boyle  avenue. 

Park  avenue,  from  West  Sixth  northwest  to  Spring  street,  called 
Kansas  avenue. 

Parker  avenue,  from  Hamilton  pike  east  to  College-Hill  Railroad, 
called  Glen-Parker  avenue. 

Pine  alley,  from  Queen-City  avenue  south  to  Lick  run,  called  White- 
pine  alley. 

Pine  alley,  from  Fifteenth  street  south  to  Washington  Park,  called 
Yellowpine  alley. 

Pitt  alley,  from  Fifteenth  north  to  Adams  street,  called  Blanca  alley. 

Railroad  avenue,  from  Little  Miami  Railroad  north,  called  Wal- 
worth avenue. 

Railway  avenue,  from  Budd  north  to  Thomas  street,  called  Vedas 
avenue. 

Riddle  street,  from  York  street  north  to  Harrison  avenue,  called 
Osiris  street. 

Ridge  avenue,  from  Observatory  to  Brookfield  avenue,  called  Isis 
avenue. 

Ridgeway  avenue,  from  French  east  and  north  to  Woodward  avenue, 
called  Typhon  avenue. 

Rudolph  avenue,  from  North  avenue  west  and  south  to  Neff’s  south 
line,  called  Gerald  avenue. 

Rudolph  street,  from  Woodburn  west  to  Durrell  avenue,  called  Haps- 
burg  street. 

Railroad  street,  from  Hamilton  pike  southwest  to  Hoffner  street, 
called  Vandalia  avenue. 

Railroad  street,  from  Carter  street  northwest  to  a point  north  of 
Thompson  street,  called  Dumont  street. 

Richmond  street,  from  Yungbluth  avenue  east  to  Main  street,  called 
New-Richmond  avenue. 

Ringgold  street,  from  Eastern  avenue  south  to  Ohio  river,  called 
St.  Peter’s  street. 

Railroad  street,  from  Colerain  pike  south  to  a point  south  of  Powers 
street,  called  Vandalia  avenue. 

Rose  alley,  from  Dodson  east  to  Bodman  alley,  called  Wliiterose  alley. 

Rose  alley,  from  Brooklyn  street  east  to  Peach  alley,  called  Red- 
rose  alley. 

Ravine  street,  from  Tusculum  east  to  Undercliff  avenue,  called  Co- 
lumbia avenue 

Scott  street,  from  Taylor  street  northeast  to  Eastern  avenue,  called 
Wakefield  street. 

Scott  street,  from  Montgomery  pike  west  to  Fowler  street,  called 
Manitou  street. 


400 


Ordinances  of  the  City  of  Cincinnati 


Second  street,  from  Southern  north  to  Northern  avenue,  called 
Ingomar  street. 

Shields  street,  from  a point  north  of  Emming  north  to  McMillan 
street,  called  Chickasaw  street. 

Short  street,  from  Brooklyn  street  northwest  to  a point,  called 
Clarendon  street. 

Short  street,  from  Montgomery  pike  west  to  Symmes  street,  called 
Des  Moines  street. 

Spencer  street,  from  Clifton  avenue  west  to  a point,  called  Probasco 
street. 

Spencer  street,  from  Liberty  north  to  Boal  street,  called  Hiram  street. 

Spencer  street,  from  Eastern  avenue  south  to  Ohio  river,  called 
Marmet  street. 

Spencer  street,  from  Davis  lane  south  to  Ohio  river,  called  Robb  street. 

Spring  street,  from  Colerain  avenue  northeast  to  Top  street,  called 
Ehrhardt  street. 

Spring  street,  from  Harrison  pike  southwest  to  Prospect  street, 
called  Hiawatha  street. 

Spring  street,  from  Cooper  street  northwest  to  section  line,  called 
Longfellow  street. 

Spring  street,  from  McMillan  north  to  a point  south  of  Oak  street, 
called  Hemlock  street. 

Spring  street,  from  Elizabeth  street  northwest  to  a point,  called 
Esquimaux  street. 

Spring  street,  from  North  avenue  west  to  Avondale  corporation, 
called  Whittier  street. 

State  street,  from  McMillan  north  to  June  street,  called  Rendigs  street. 

State  street,  from  New  Baltimore  pike  west  to  Kinsey  street,  called 
Waverly  avenue. 

Stone  street,  from  Church  street  southwest  to  a point,  called 
Mackinaw  avenue. 

Stone  street,  from  Hunt  east  to  State  street,  called  Minnesota  street. 

St.  James  place,  from  St.  James  avenue  west,  called  St.  Paul  place. 

Second  avenue,  from  Charles  street  east  to  Workhouse,  called  Ply- 
mouth avenue. 

Section  avenue,  from  Madisonville  pike  north,  called  Sumpter  avenue. 

Section  road,  from  Mt.  Harrison  north,  called  Nelson  road. 

Sixth  avenue,  from  Stock  avenue  north  to  Workhouse,  called  Ver- 
mont avenue. 

South  Auburn  avenue,  from  Saunders  street  south,  called  King’s 
terrace. 

South  Auburn  street,  from  Saunders  street  to  a point,  called  King’s 
terrace. 

South  avenue,  from  Westwood  avenue  south,  called  Selim  avenue. 

South  Church  street,  from  McMillan  street  south,  called  Sabina  street. 

Spring  avenue,  from  Gilbert  avenue  east  to  Maple  street,  called 
Sparta  avenue. 

Spring  court,  from  Vinton  northeast  to  Judson  street,  called  Illyria 
court. 

State  avenue,  from  Harrison  avenue  south  to  German  street,  called 
Milwaukee  avenue. 

State  road,  from  State  avenue  west,  called  Blaine  road. 

Stone  alley,  from  Columbia  avenue  southeast  to  Ohio  river,-  called 
Boulder  alley. 

Stone  avenue,  from  Mt.  Hope  road  southeast  to  West  Sixth  street, 
called  Cameron  avenue. 

Summit  street,  from  Auburn  avenue  west,  called  Wellington  avenue. 

Sycamore  street,  from  Ohio  river  north  to  Mt.  Auburn,  called  Syca- 
more avenue. 


Ordinances  of  the  City  of  Cincinnati 


401 


Short  street,  from  Lower  River  road  south  opposite  Delhi  pike, 
called  Delhi  avenue. 

Superior  street  called  Spaeth  street. 

Southern  avenue,  from  Hunt  street  east  to  a point,  called  Barley 
avenue. 

Summit  avenue,  from  McMillan  south  to  a point  east  of  Carondolet 
street,  called  Salutaris  avenue. 

Summit  avenue,  from  Cliff  avenue  south  to  a point,  called  Bonsack 
avenue. 

Spring  alley  or  Hamilton  court,  from  Hamilton  pike  east  to  Lang- 
land  street,  called  Moline  court. 

Sycamore  street,  from  Woodburn  avenue  east  to , called  Lin- 

coln avenue. 

Third  street,  from  Southern  north  to  Northern  avenue,  called 
Smilax  street. 

Third  avenue,  from  Marshall  north  to  Stock  avenue,  called  Sidney 
avenue. 

Thompson  street,  from  Eastern  avenue  south  to  the  Ohio  river, 
called  Tennyson  avenue. 

Torrence  street,  from  Stock  avenue  to  Workhouse,  called  Sidney 
avenue. 

Taylor  and  Bassett  road,  from  Alpine  way  to  Boldface  road,  called 
Kalon  street. 

Taylor  street,  from  Freeman  avenue  west  to  Carr  street,  called 
Zachary  street. 

Taylor  street,  from  Main  street  southeast  to  Crawfish  creek,  called 
Taylor  avenue. 

Union  avenue,  from  Crawfish  road  east  to  east  line  of  Section  26, 
called  Southey  avenue. 

Union  place,  from  Auburn  street  west,  called  Warton  place. 

Undercliff  avenue,  from  Ravine  street  to  the  corporation  line,  called 
Columbia  avenue. 

Van  Horn  street,  from  Hoffner  south  to  a point  south  of  Powers 
street,  called  Edgewood  avenue. 

Walnut  avenue,  from  Willow  avenue  north,  called  Wilder  avenue. 

Warner  street,  east  to  a point  of  Ohio  avenue,  called  Drydeu  street. 

Warsaw  street,  from  Lickrun  pike  south  to  Guernsey  street,  called 
Shadwell  street. 

Warsaw  pike,  from  State  northwest  to  Glenway  avenue,  called 
Warsaw  avenue. 

Washington  avenue,  from  Glenway  avenue  south,  called  McPherson 
avenue. 

Water  (or  Burt)  street,  from  Waldon  west  to  Reed  street,  called  Ma- 
rengo street. 

Wells  road,  from  Warsaw  pike  north,  called  Austerlitz  road. 

Wheeler  avenue,  from  Torrence  road  northeast  to  Columbia  avenue, 
called  Waterloo  avenue. 

Whiteman  street,  from  Bryant  to  Dixmyth  avenue,  called  Whitfield 
street. 

William  street,  from  Morgan  to  McMillan  street,  called  Benning- 
ton street. 

Willow  avenue,  from  Lickrun  road  west  to  section  line,  called 
Latham  avenue. 

Willow  alley,  from  East  Plum  east  to  Elm  street,  called  Leroy  alley. 

Woodward  avenue,  from  Main  east  to  Observatory  avenue,  called 
Ticonderoga  avenue. 

Walnut  street,  from  Cherry  west  to  Hackberry  street,  called  Fern- 
wood  street. 


402 


Ordinances  of  the  City  of  Cincinnati 


Walnut  street,  from  Elm  street  to  section  line,  called  Whitlow  street. 

Walnut  street,  from  Clay  street  east  to  Gilbert  avenue,  called  Al- 
toona street. 

Washington  street,  from  Gilbert  avenue  northwest  to  Avondale 
corporation,  called  Wehrmann  avenue. 

Water  street,  from  Waldon  west  to  Reed  street,  called  Pensacola  street. 

Water  street,  from  Washington  street  northeast  to  Union  Valley 
road,  called  Syracuse  street. 

Wayne  street,  from  Burnet  east  to  Eden  avenue,  called  Rochelle 
street. 

Wayne  street,  from  Hill  street  east  to  C.  H.  & D.  R.  R.,  called 
Dempsey  street. 

Williams  street,  from  Dodsworth  avenue  north  to  Elmore  street, 
called  Follett  avenue. 

Willow  street,  from  Eastern  avenue  south  to  Ohio  river,  called 
Crane  street. 

Wilson  street,  from  Van  Hart  street  east  to  the  Warsaw  pike,  called 
Esmonde  street. 

Wilson  street,  from  Horton  street  south  to  Queen  - City  avenue, 
called  Derby  avenue. 

Wood  street,  from  Ohio  river  north  to  West  Fifth  street,  called 
Baymiller  street. 

Wood  street,  from  McMillan  north  to  Stone  street,  called  Emporia 
street. 

Warsaw  pike,  from  Plank  road  northwest  to  Glenway  avenue,  called 
Warsaw  avenue. 

Young  avenue,  from  Warsaw  pike  north  to  Glenway  avenue,  called 
Woodlawn  avenue. 

Yungbluth  avenue,  from  Eastern  avenue  to  Ohio  river,  called 
Congress  avenue. 

street,  from  Taylor  and  Bassett  road,  Section  29,  called  Littleton 

lane. 

street,  from  Colerain  avenue  north  to  C.  W.  & B.  R.  R.  depot, 

called  Custis  avenue. 

street,  on  east  side  C.  W.  & B.  R.  R.,  from  Streng  street  to  Ludlow 

avenue,  called  Pontiac  street. 

alley,  from  Chase  street  south  to  Spring  alley  or  Hamilton  court, 

called  Ingol  alley. 

alley,  from  Hamilton  pike  east  to  Fergus  street,  called  Ken- 
dall alley. 

alley,  from  Hamilton  pike  east  to  Fergus  street,  called  Mars- 

den  alley. 

alley,  from  Knowlton  north  to  Chase  street,  called  Grey  alley. 

alley,  from  Chase  street  south  to  Moline  court,  called  Baltzer  alley. 

alley,  from  Kendall  alley  north  to  Pope  alley,  called  Honer  alley. 

alley,  south  of  Elmore  street,  from  Ford  street  east  to  Mill  creek, 

called  Creek  alley. 

alley,  from  Colerain  avenue  southwest  to  Knowlton  street,  called 

Blinn  alley. 

alley,  from  Spring-Grove  avenue  northwest  to  Elmore  street, 

called  Tozzer  alley. 

alley,  from  Dodsworth  avenue  northwest  to  Elmore  street,  called 

Gipsy  alley. 

alley,  from  Dodsworth  avenue  northwest  to  Elmore  street,  called 

Enos  alley. 

alley,  from  Gulow  northwest  to  or  near  Bluerock  street,  called 

Hogan  alley. 


Ordinances  of  the  City  of  Cincinnati 


403 


alley,  from  Streng  southeast  to  Spring  or  Ehrhardt  street,  called 

Macklin  alley. 

alley,  from  Macklin  alley  eastwardly  about  160  feet,  called 

Miles  alley. 

alley,  from  south  line  of  Morris  & Smith’s  subdivision  north- 
west to  Mill  creek,  called  Sechler  alley. 

alley,  from  Beech  (now  Gerringer)  street  southeast  to  south  line 

of  Morris  & Smith’s  subdivision,  called  Harlow  alley. 

alley,  from  Chase  north  to  Ellis  street,  called  Harwood  alley. 

alley,  from  Harwood  alley  eastwardly  226  feet,  called  Gifford  alley. 

alley,  from  Turrell  west  to  Delaney  street,  called  Cole  alley. 

alley,  from  Hutchinson  west  to  a point  100  feet  west  of  Delaney, 

called  Vint  alley. 

alley,  from  Grand  avenue  to  Mt.  Hope  road  in  Section  29,  called 

Jack  alley. 

alley,  from  Dick  to  Ennis  street,  called  Lena  alley. 

Private  alley,  from  Elmore  street  south  to  a point,  called  Anken- 
bauer  alley. 

SEC.  2.  All  ordinances  and  parts  of  ordinances  inconsistent 
with  the  provisions  of  this  ordinance  shall  be  and  the  same 
are  hereby  repealed. 


By  ordinances  passed  subsequently  additional  changes  of  names 
have  been  made , as  follows  : 


Auburn  avenue,  from  Burnet  avenue  west,  change  to  East  Auburn 
avenue.  (Ord.  4142.) 

Arbigust  street  change  to  Vernon  place.  (Ord.  89.) 

Alley  running  from  Stock  alley  to  Stock  avenue,  between  Plymouth 
avenue  and  Sidney  avenue,  named  Holder  alley.  (Ord.  973.) 

Alley  between  Jefferson  avenue  and  Fountain  street,  and  running 
north  and  south  from  St.  Clair  street  to  Greenwood  street, 
named  Voss  alley.  (Ord.  181.) 

Alley  in  block  bounded  by  Burns,  St.  Michael,  Neave,  and  Storrs 
streets,  named  Deselaers  alley.  (Ord.  1064.) 

Bradley  street,  from  Eastern  avenue  south  to  the  Ohio  river,  change 
to  Carrel  street.  (Ord.  4145.) 

Boyle  avenue,  from  Bassett  road  to  Glenway  avenue,  change  to 
Elberon  avenue.  (Ord.  4175.) 

Banning  avenue,  from  Hanfield  street  to  a point  north  of  Chase 
avenue,  change  to  Pitts  avenue.  (Ord.  4248.) 

Blanchard  avenue,  from  Callege  avenue  to  Glenway  avenue,  change 
to  Mansion  avenue.  (Ord.  4355.) 

Butcher  alley,  from  Baymiller  to  Central  avenue,  change  to  Wilminck 
street.  (Ord.  40.) 

Bultman  street  change  to  Cypress  street.  (Ord.  68.) 

Beckett  street,  from  Liberty  street  to  Saunders  street,  change  to 
Highland  avenue.  (Ord.  796.) 

Burgoyne  alley  named.  (Ord.  869.) 

Caledonia  street,  from  Fourth  street  to  the  Ohio  river,  change  to 
Ludlow  street.  (Ord.  4140.) 

Cambria  street  change  to  Frintz  street.  (Ord.  4211.) 

Cherokee  street  change  to  Lang  street.  (Ord.  4211.) 


404 


Ordinances  of  the  City  of  Cincinnati 


Crawfish  road  change  to  Delta  avenue.  (Ord.  4213.) 

Cemetery  and  Cross  Lane  streets,  known  as  Necropolis  street, 
change  to  Curtis  street.  (Ord.  4324.) 

Chicago  avenue  change  to  Woodbridge  place.  (Ord.  4356.) 

Cherokee  or  Lang  street  change  to  Main  street.  (Ord.  69.) 

Carthage  pike,  north  of  Erkenbrecher  avenue,  change  to  Vine  street. 
(Ord.  158.) 

Christian  street  change  to  Northside  avenue.  (Ord.  396.) 

Clarkson  street,  from  Bank  street  to  Central  avenue,  change  to  Linn 
street.  (Ord.  655.) 

Crawfish-creek  road  north  to  Linwood  road,  known  as  Church 
avenue,  change  to  Grace  avenue.  (Ord.  420.) 

Delta  avenue  in  the  Riverview  Syndicate,  and  that  portion  of  old 
Crawfish  road  which  is  a continuation  of  said  Delta  avenue  in 
the  Riverview  Syndicate,  to  Empress  avenue.  (Ord.  968.) 

Dodd’s  place,  between  St.  Paul  place  and  Nassau  street,  change  to 
Luray  avenue.  (Ord.  456.) 

Douham  avenue  named.  (Ord.  602.) 

Evans  alley,  from  Vine  street  to  Loth  street,  change  to  St.  Joe  street. 
(Ord.  88.) 

Erkenbrecher  avenue  and  Carthage  pike,  north  of  Erkenbrecher 
avenue,  change  to  Vine  street.  (Ord.  158.) 

Fairview  avenue,  north  of  Straight  street,  change  to  University 
court.  (Ord.  924.) 

Feemster  alley,  east  from  Stites  avenue  and  north  of  Eastern  avenue, 
named.  (Ord.  807.) 

Fulton  street,  from  its  western  terminus  to  Carrel  street,  change  to 
Holbrook  avenue.  (Ord.  1044.) 

Gerald  avenue  change  back  to  Rudolph  avenue.  (Ord.  4256.) 

Hopper  street,  from  Staunton  avenue  to  Madison  pike,  change  to 
Locust  street.  (Ord.  4183.) 

Hunt  street,  from  McMillan  street  to  north  corporation  line,  change 
to  Reading  road.  (Ord.  51.) 

Illyria  place  change  to  Sage  avenue.  (Ord.  4185.) 

Indiana  avenue  change  to  Oak  street.  (Ord.  170.) 

Ihorst  place  named.  (Ord.  601.) 

Imogene  avenue  change  to  Highland  avenue.  (Ord.  777.) 

Kineon  avenue,  from  375  feet  south  of  Mistletoe  street  westwardly 
125  feet  to  Neff  avenue,  change  to  Maxwell  place.  (Ord.  4184.) 

Kalon  avenue,  from  Boldface  road  to  Mt.  Hope  road,  change  to 
Bassett  road.  (Ord.  457.) 

Kay  street  named.  (Ord.  652.) 

Kinsey  avenue  and  Morgan  street,  between  Auburn  avenue  and 
Hunt  street,  change  to  Kinsey  avenue.  (Ord.  906.) 

Kleine  street  and  Cherry  street  to  the  name  of  Cleinview  avenue. 
(Ord.  942.) 

Lawson  street  change  to  Edgecliff  road.  (Ord.  991.) 

Livonia  street,  north  from  McMillan  street,  change  to  Kemper  lane. 
(Ord.  4183.) 

Luray  avenue,  from  Nassau  street  south  to  north  line  of  Eden  Park, 
change  to  Dodd’s  place.  (Ord.  4212.) 

Lang  or  Cherokee  street  changed  to  Main  street.  (Ord.  69.) 

Lodge  alley,  between  Fifth  and  Sixth  streets,  change  to  Fountain 
place.  (Ord.  411.) 

Milwaukee  avenue  change  back  to  State  avenue.  (Ord.  4143.) 

Marlborough  place,  from  Main  to  Auburn  avenue,  change  to  Hunt- 
ington place.  (Ord.  69.) 


Ordinances  of  the  City  of  Cincinnati 


405 


McMicken  avenue,  between  McMicken  avenue  proper  and  the  Miami 
and  Erie  canal,  change  to  Mohawk  place.  (Ord.  133.) 

Madisonville  pike,  from  McMillan  street,  change  to  Woodburn 
avenue.  (Ord  157.) 

Montgomery  road,  between  Hunt  street  and  Gilbert  avenue,  change 
to  Florence  avenue.  (Ord.  713.) 

Monticello  avenue,  from  Linwood  road  to  corporation  line,  change 
to  Delta  avenue.  (Ord.  776.) 

Morris  place,  from  Eastern  avenue  to  alley  south  of  Columbia 
avenue,  change  to  Donham  avenue.  (Ord.  603.) 

Necropolis  street,  change  to  Curtis  street.  (Ord.  4324.) 

Nellie  street,  west  from  Hunt  street,  change  to  Helen  street.  (Ordi- 
nance 143.) 

New  Baltimore  pike,  from  its  intersection  with  Western  avenue 
to  the  north  corporation  line,  change  to  Baltimore  avenue. 
(Ord.  3979.) 

New  Richmond  avenue,  from  Congress  avenue  to  the  corporation 
line,  change  to  Kellogg  avenue.  (Ord.  631.) 

New  road,  from  McHenry  road  southeast,  change  to  Cavanaugh 
avenue.  (Ord.  969.) 

New  street,  connecting  the  west  side  of  Doth  street  at  its  present 
northern  terminus  with  the  east  side  of  Vine  street,  named 
Thill  street.  (Ord.  383.) 

Ontario  street,  east  of  Broadway  to  Culvert  street,  change  to  Har- 
rison street.  (Ord.  4140.) 

Pocahontas  place,  from  Tusculum  avenue  southeast  and  northwest, 
change  to  Morris  place.  (Ord.  4145.) 

Pallas  street,  from  Gilbert  to  Elmwood  avenue,  change  to  Harvey 
street.  (Ord.  4183.) 

Parallax  street  change  to  Louden  avenue.  (Ord.  4214.) 

Patterson  alley,  from  Walnut  to  Main  street,  change  to  Government 
place  (Ord.  96.) 

Prospect  street,  from  section  line  to  Renner  street,  change  to 
Renner  street.  (Ord.  1041.) 

Pulaski  street,  between  Taylor  avenue  and  Tusculum  avenue,  change 
to  Vineyard  place.  (Ord.  641.) 

Rapidrun  road  change  to  St.  Lawrence  avenue.  (Ord.  38.) 

Rendigs  street,  between  McMillan  and  June  streets,  change  to  Essex 
place.  (Ord.  460.) 

Rockbridge  avenue  change  to  Gran  din  road.  (Ord.  1008.) 

Sycamore  street,  from  Saunders  street  north  to  Vine  and  Corry 
streets,  change  to  Auburn  avenue.  (Ord.  4142.) 

Staveley  street  change  to  Convent  place.  (Ord.  4146.) 

Storrs  turnpike  or  Plank  road,  from  State  or  Milwaukee  avenue  to 
Warsaw  pike,  change  to  Wilder  street.  (Ord.  4255.) 

South  Branch  road,  from  Glenway  avenue  north  to  terminus,  change 
to  Plymouth  avenue.  (Ord.  108.) 

Southey  avenue  change  to  Union  avenue.  (Ord.  132.) 

Scott  street  change  to  Delta  avenue.  (Ord.  210.) 

Shillito  avenue  change  to  Shillito  place.  (Ord.  817.) 

Straight  street,  between  Fairview  avenue  and  Clifton  avenue,  change 
to  Fairview  avenue.  (Ord.  923.) 

Typhon  avenue,  from  French  east  and  north  to  Ticonderoga,  change 
to  East  Ridgeway  avenue.  (Ord.  4141.) 

Ticonderoga  avenue,  from  Main  avenue  east  to  Observatory  avenue, 
change  to  Blair  avenue.  (4141.) 

Turner  alley,  north  from  Bank  street,  change  to  Turner  street. 
(Ord.  26.) 


406 


Ordinances  of  the  City  of  Cincinnati 


Tallulah  avenue,  from  Rapidrun  road  south,  change  to  Academy 
avenue.  (Ord.  37.) 

Victoria  place,  from  Sycamore  west  to  Locust  street,  change  to 
Auburn  place.  (Ord.  4145.) 

Victoria  or  Auburn  place,  from  Main  to  Sycamore  street,  change  to 
Malvern  place.  (Ord.  69.) 

Wakefield  street,  from  Taylor  street  northeast  to  Eastern  avenue, 
change  to  Scott  street.  (Ord.  4166.) 

Wellington  avenue  change  to  Wellington  place.  (Ord.  4174.) 

Whitney  court  change  to  Armory  place.  (Ord.  4242.) 

Westminster  street,  from  Woodburn  avenue  west  to  west  section 
line,  change  to  Lincoln  avenue.  (Ord.  1045.) 

Zigzag  avenue  change  to  Fairview  avenue.  (Ord.  4191.) 


NO.  21.  Passed  June  1,  1897. 

To  change  the  names  of  certain  streets  and  avenues  of  the  city  of 
Cincinnati  as  designated  therein,  and  changes  by  other  ordinances. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati : 

Sec.  1.  That  the  names  of  certain  streets  and  avenues  of 
the  city  of  Cincinnati  be  and  the  same  are  hereby  changed  and 
established  as  follows  : 

Auburn  avenue,  First  Ward,  called  Arnold  street. 

Avon  street,  First  Ward,  called  Leonard  street. 

Baltimore  street,  Eleventh  Ward,  called  Goethe  street. 

Beechwood  avenue,  located  in  what  was  formerly  known  as  the 
village  of  Westwood,  called  Epworth  avenue. 

Burnet  avenue,  located  in  what  was  formerly  known  as  the  village 
of  Clifton,  called  Greendale  avenue. 

Belmont  place,  Second  Ward,  called  Tuxedo  place. 

Belvedere  street,  Twenty-eighth  Ward,  called  Beldare  avenue. 

Barton  street,  in  what  was  formerly  known  as  the  village  of  Lin- 
wood,  called  Windisch  avenue. 

Bassett  street,  First  Ward,  called  Beverly  avenue. 

Bauer  street,  Twelfth  Ward,  called  Polk  street. 

Beech  avenue,  Twenty-ninth  Ward,  from  Glenway  avenue  to  Lehman 
road,  called  Wing  street. 

Beech  street,  Thirty-first  W ard,  formerly  Avondale,  called  Emery  street. 

Beech  avenue,  Twenty -ninth  Ward,  formerly  Riverside,  called 
Lombard  street. 

Beechwood  avenue,  First  Ward,  in  what  was  formerly  called  the 
village  of  Linwood,  called  LeBlond  avenue. 

Bell  avenue,  from  Glenway  avenue  north,  Twenty-ninth  Ward,  called 
Putnam  street. 

Bell  avenue,  Twenty  ninth  Ward,  formerly  Riverside,  called  Bange* 
street. 

Betsy  street,  Thirtieth  Ward,  called  Clifford  street. 

Blaine  avenue,  Twenty-fourth  Ward,  called  Meeker  street. 

Belair  avenue,  Twenty-ninth  Ward,  called  Bulwer  street. 

Brown  street,  Twenty-ninth  Ward,  in  what  was  formerly  known  as 
the  village  of  Riverside,  called  Fleaher  street. 

Bruce  street,  Twenty-sixth  Ward,  called  Paul  street. 

Bruce  street,  Thirtieth  Ward,  called  McBrayer  street. 


Ordinances  of  the  City  of  Cincinnati 


407 


Bullock  place,  Twenty-seventh  Ward,  called  Park  place. 

Bruce  street,  Twenty-ninth  Ward,  in  what  was  formerly  known  as 
the  village  of  Riverside,  called  Colfax  avenue. 

Chestnut  street,  Thirtieth  Ward,  in  what  was  formerly  known  as 
the  village  of  Westwood,  called  Lischer  avenue. 

Catherine  street,  Twenty-ninth  Ward,  called  Lydia  street. 

Cedar  street,  Thirtieth  Ward,  called  Davoran  street. 

Center  street,  First  Ward,  in  what  was  formerly  known  as  the  village 
of  Lihwood,  called  Garretson  avenue. 

Center  street,  Thirty-first  Ward,  in  what  was  formerly  known  as  the 
village  of  Avondale,  called  Jay  street. 

Center  avenue,  Thirtieth  Ward,  called  Rosewood  avenue. 

Central  avenue,  Thirty-first  Ward,  called  Hearne  avenue. 

Center  street,  Thirty-first  Ward,  formerly  Clifton,  called  Juergeus 
avenue. 

Center  street,  Thirty-first  Ward,  from  Middleton  avenue  to  Cooke 
avenue,  formerly  the  village  of  Clifton,  called  Shiloh  street. 

Cleveland  street,  Fourth  Ward,  called  Reedy  street. 

Cliff  street,  First  Ward,  called  Harold  street. 

Cook  street,  Thirty-first  Ward,  formerly  Clifton,  called  T elford  street. 

Cook  street,  in  what  was  formerly  known  as  Avondale,  called 
Norwich  street. 

County  road,  Thirtieth  Ward,  called  Oskamp  avenue. 

Crescent  street,  Thirtieth  Ward,  called  Circle  street. 

Cross  street,  Thirtieth  Ward,  called  Cambria  street. 

Davis  avenue,  Thirtieth  Ward,  in  what  was  formerly  known  as  the 
village  of  Westwood,  called  Craigh  avenue. 

Delaware  street,  Second  Ward,  called  Bathgate  street. 

Dexter  street,  First  Ward,  called  Stockton  street. 

Dexter  street,  Twenty-eighth  Ward,  called  Bear  street. 

Dutton  avenue,  Thirty-first  Ward,  in  what  was  formerly  known  as 
the  village  of  Avondale,  called  Perkins  avenue. 

Elmwood  street,  Thirtieth  Ward,  in  what  was  formerly  known  as 
the  village  of  Westwood,  called  Urwiler  avenue. 

Eastern  avenue,  Thirtieth  Ward,  in  what  was  formerly  known  as 
the  village  of  Westwood,  called  McHenry  avenue. 

Elizabeth  street,  Thirty-first  Ward,  in  what  was  formerly  known  as 
the  village  of  Avondale,  called  Purdue  street. 

Elmwood  avenue,  First  Ward,  in  what  was  formerly  known  as  the 
village  of  Linwood,  called  Elmer  street. 

Erie  avenue,  Thirty-first  Ward,  in  what  was  formerly  known  as  the 
village  of  Clifton,  called  Lillard  avenue. 

Euclid  avenue,  Twenty-ninth  Ward,  in  what  was  formerly  known 
as  the  village  of  Riverside,  called  Frey  avenue. 

Franklin  avenue,  Thirtieth  Ward,  in  what  was  formerly  known  as 
the  village  of  Westwood,  called  Fenton  avenue. 

Fairview  avenue,  Thirtieth  Ward,  called  Montana  avenue. 

Ferris  avenue,  First  Ward,  called  Wilmer  avenue. 

Forest  avenue,  Thirtieth  Ward,  called  Werk  road. 

Forest  avenue,  First  Ward,  called  Miami  avenue. 

Forest  avenue,  Twenty-sixth  Ward,  called  Humboldt  avenue. 

Fowler  avenue,  Twenty-fifth  Ward,  called  Rooney  street. 

Franklin  avenue,  First  Ward,  in  what  was  formerly  known  as  the 
village  of  Linwood,  called  Columbia  avenue. 

Frederick  avenue,  Thirtieth  Ward,  called  Knox  street. 

Glenwood  avenue,  Thirtieth  Ward,  in  what  was  formerly  known  as 
the  village  of  Westwood,  called  Broadwell  avenue. 

Glenway  avenue,  former  village  of  Clifton,  called  Glenmary  avenue. 


408 


Ordinances  of  the  City  of  Cincinnati 


Garden  street,  Twenty-ninth  Ward,  called  Galion  street. 

Garden  avenue,  First  Ward,  in  what  was  formerly  known  as  the 
village  of  I/inwood,  called  Greist  street. 

Gilbert  avenue,  Thirty-first  Ward,  in  what  was  formerly  known  as 
Clifton,  called  Sherlock  avenue. 

Glenway  avenue,  First  Ward,  called  Panama  street. 

Graham  avenue,  Twenty-fourth  Ward,  called  Barbor  street. 

Grandin  avenue,  First  Ward,  called  Grandin  road. 

Grandview  avenue,  Thirtieth  Ward,  called  Daytona  avenue. 

Grand  street,  First  Ward,  called  Custer  street. 

Greenwood  street,  Twenty-eighth  Ward,  called  Raine  street. 

Gerard  avenue,  Twenty-ninth  Ward,  in  what  was  formerly  known  as 
the  village  of  Riverside,  called  Eloise  avenue. 

Harvey  avenue,  Second  Ward,  called  Yale  avenue. 

Hamer  street.  F'irst  Ward,  in  what  was  formerly  known  as  the 
village  of  Linwood,  called  Linwood  avenue. 

Harriet  avenue,  Thirty-first  Ward,  in  what  was  formerly  known  as 
the  village  of  Clifton,  called  Wuest  street. 

Hatch  street,  Twenty-ninth  Ward,  in  what  was  formerly  known  as 
the  village  of  Riverside,  called  Fithian  street. 

Hawthorne  avenue,  Thirtieth  Ward,  in  what  was  formerly  known  as 
the  village  of  Westwood,  called  Stanhope  avenue. 

Heidelberg  avenue,  in  Thirtieth  Ward,  village  of  Westwood,  called 
Hildreth  avenue. 

Hemlock  avenue,  First  Ward,  called  Breen  street. 

Henry  street,  Twenty-fifth  Ward,  called  Lehe  street. 

Henry  avenue,  Twenty-ninth  Ward,  called  Norma  street. 

Highland  avenue,  Thirtieth  Ward,  in  what  was  formerly  known  as 
the  village  of  Westwood,  called  Newport  avenue. 

Hollywood  avenue,  in  the  Thirtieth  Ward,  village  of  Westwood, 
called  McLelland  avenue. 

Harrison  street,  Sixth  Ward,  called  Pioneer  street. 

King’s  terrace,  Twenty-seventh  Ward,  called  South  Auburn  avenue. 

Lafayette  avenue,  Twenty-fourth  Ward,  called  Marquis  avenue. 

Langdon  road.  First  Ward,  in  what  was  formerly  known  as  the 
village  of  Linwood,  called  Davenport  street. 

Linden  avenue,  Thirty-first  Ward,  in  what  was  formerly  known  as 
the  village  of  Avondale,  called  Hale  avenue. 

Linden  avenue,  Thirtieth  Ward,  in  what  was  formerly  known  as  the 
village  of  Westwood,  called  Buell  street. 

Linden  avenue,  Thirty-first  Ward,  in  what  was  formerly  the  village 
of  Clifton,  called  Whitfield  avenue. 

Linn  street,  First  Ward,  in  what  was  formerly  known  as  the  village 
of  Linwood,  called  Heekin  avenue. 

Linwood  pike,  First  Ward,  in  what  was  formerly  known  as  the 
village  of  Linwood,  called  Linwood  avenue. 

Linwood  avenue,  Thirtieth  Ward,  in  what  was  formerly  known  as 
the  village  of  Westwood,  called  Junietta  avenue. 

Linden  lane,  First  Ward,  in  what  was  formerly  known  as  the  village 
of  Linwood,  called  Columbia  avenue. 

Llewellyn  avenue,  Thirty-first  Ward,  called  Bancroft  avenue. 

Locust  street,  Thirty^first  Ward,  formerly  known  as  the  village  of 
Avondale,  called  Camden  street. 

Locust  street,  First  Ward,  in  what  was  formerly  the  village  of  Lin- 
wood, called  Bouton  street. 

Locust  street,  in  Eleventh  and  Twenty-seventh  wards,  called  Roberta 
street. 

Logan  street,  First  Ward,  called  Sachem  street. 


Ordinances  of  the  City  of  Cincinnati 


409 


Ludlow  avenue,  Thirty-first  Ward,  called  Jefferson  avenue. 

Madisonville  avenue,  First  and  Twenty-sixth  Wards  called  Madison 
road. 

Mears  avenue,  Thirty-first  Ward,  formerly  Avondale,  called  Glen- 
wood  avenue. 

Mitchell  street,  Fourth  Ward,  called  Fagin  street. 

Mound  street,  Thirty-first  Ward,  in  what  was  formerly  known  as  the 
village  of  Avondale,  called  Prospect  place. 

McMillan  street,  Thirty-first  Ward,  in  what  was  formerly  known  as 
the  village  of  Avondale,  called  Knott  street. 

Main  street,  Twenty-ninth  Ward,  formerly  known  as  the  village  of 
Riverside,  called  Cappel  street. 

Maple  avenue,  Thirtieth  Ward,  called  Kleemeier  street. 

Maplewood  avenue,  in  First  Ward,  formerly  known  as  the  village  of 
Linwood,  called  Rosedale  avenue. 

Marion  street,  Second  Ward,  Walnut  Hills,  called  Arden  street. 

Maxwell  avenue,  Twenty-ninth  Ward,  in  what  was  formerly  known 
as  Riverside,  called  Portland  avenue. 

May  street,  Twenty-ninth  Ward,  in  what  was  formerly  known  as  the 
village  of  Riverside,  called  Kistner  street. 

Mayhew  street,  Twenty-ninth  Ward,  formerly  known  as  the  village 
of  Riverside,  called  Statham  avenue. 

Miami  street,  Eleventh  Ward,  called  Seitz  street. 

Monroe  street,  Thirty-first  Ward,  in  what  was  formerly  known  as  the 
village  of  Avondale,  called  Norway  avenue. 

Morris  place,  Twenty-ninth  Ward,  Price  Hill,  called  Underwood  place. 

Neff  road,  Twenty-ninth  Ward,  called  Ring  place. 

Northern  avenue,  Thirtieth  Ward,  called  Shelby  street. 

Northside  avenue,  Twelfth  Ward,  called  Lowell  avenue. 

Oak  street,  First  Ward,  called  Morse  street. 

Oaks  avenue,  Thirtieth  Ward,  called  Wolff  street. 

Oakwood  street,  Thirtieth  Ward,  formerly  known  as  the  village  of 
Westwood,  called  Sheridan  street. 

Olive  avenue,  Twenty-fifth  Ward,  called  Morlan  street. 

Olive  avenue,  Twenty-ninth  Ward,  formerly  the  village  of  River- 
side, called  Lee  street. 

Orchard  street,  Thirtieth  Ward,  called  Regan  street. 

Orchard  street,  Twenty-eighth  Ward,  called  Lossing  street. 

Orchard  avenue,  First  Ward,  village  of  Linwood,  called  Archer  avenue. 

Osiris  street,  Twenty-third  Ward,  called  Winchell  avenue. 

Park  place,  First  Ward,  in  what  was  formerly  known  as  the  village 
of  Linwood,  called  Moyer  place. 

Park  avenue,  First  Ward,  called  Salem  street. 

Parker  avenue,  Twenty-ninth  Ward,  Riverside,  called  Barkley  avenue. 

Pleasant  street,  Thirtieth  Ward,  in  what  was  formerly  known  as  the 
village  of  Westwood,  called  Gamble  street. 

Plymouth  avenue,  Twenty-fourth  Ward,  called  Henshaw  avenue. 

Powers  street,  First  Ward,  in  what  was  formerly  known  as  the  village 
of  Linwood,  called  McClure  avenue. 

Prospect  avenue,  Thirty-first  Ward,  formerly  Clifton,  called  Hosea 
avenue. 

Prospect  place,  Thirty-first  Ward,  formerly  Clifton,  called  Waverly 
avenue. 

Prospect  place,  Twenty-ninth  Ward,  Price  Hill,  called  Zech  street. 

Quarry  street,  Twelfth  Ward,  called  Berning  street. 

Ridgeway  avenue,  First  Ward,  called  Richwood  avenue. 

Ridgeway  avenue,  Twenty-ninth  Ward,  in  what  was  formerly  known 
as  the  village  of  Riverside,  called  Tyler  street. 


410 


Ordinances  of  the  City  of  Cincinnati 


Rosewood  avenue,  Thirtieth  Ward,  called  McFadden  avenue. 

Ross  avenue,  first  Ward,  in  what  was  formerly  known  as  the  village 
of  Linwood,  called  Armond  street. 

Russell  avenue,  First  Ward,  in  what  was  formerly  known  as  the 
village  of  Linwood,  called  Chester  avenue. 

Russell  street,  Twenty-ninth  Ward,  called  Voss  street. 

South  street,  Thirtieth  Ward,  in  what  was  formerly  known  as  the 
village  of  Westwood,  called  Mozart  street. 

Spring  street,  Thirty-first  Ward,  in  what  was  formerly  known  as  the 
village  of  Avondale,  called  Whittier  street. 

Spring  street,  Thirtieth  Ward,  in  what  was  formerly  known  as  the 
village  of  Westwood,  called  Higbee  street. 

Spruce  street,  Thirtieth  Ward,  in  what  was  formerly  the  village  of 
Westwood,  called  Spruce  place. 

State  street,  Thirtieth  Ward,  called  Waverly  avenue. 

Sylvan  street,  Thirtieth  Ward,  in  what  was  formerly  known  as  the 
village  of  Westwood,  called  Craig  street. 

Symmes  street,  Twenty-ninth  Ward,  in  what  was  formerly  known  as 
the  village  of  Riverside,  called  Ingalls  street. 

Taylor  avenue,  Twenty-ninth  Ward,  formerly  known  as  the  village 
of  Riverside,  called  Bacon  street. 

Taylor  street,  Thirtieth  Ward,  called  Knox  street. 

Thompson  street,  Twenty-ninth  Ward,  in  what  was  formerly  known 
as  the  village  of  Riverside,  called  Page  street. 

Williams  avenue,  Thirtieth  Ward,  in  what  was  formerly  known  as 
the  village  of  Westwood,  called  Belmore  avenue. 

Wooster  pike,  First  Ward,  in  what  was  formerly  known  as  the 
village  of  Linwood,  called  Eastern  avenue. 

Walnut  street,  Walnut  Hills,  called  Kenan  street. 

Wallace  avenue,  Thirty-first  Ward,  formerly  known  as  the  village  of 
Avondale,  called  Gleuwood  avenue. 

Walnut  street,  First  Ward,  formerly  known  as  the  village  of  Linwood, 
called  Winter  street. 

Washington  street,  Twelfth  Ward,  called  Tharp  street. 

Watson  street,  Twenty- fifth  Ward,  called  Whiteley  street. 

Waverly  avenue,  Twenty-seventh  Ward,  called  Paris  street. 

West  avenue,  Thirty-first  Ward,  called  Kessler  avenue. 

Western  avenue,  Thirty-first  Ward,  formerly  known  as  the  village 
of  Avondale,  called  Dury  avenue. 

Western  avenue,  Thirtieth  Ward,  formerly  known  as  the  village  of 
Westwood,  called  Boudinot  avenue. 

Western  avenue.  Thirtieth  Ward,  in  what  was  formerly  known  as 
the  village  of  Westwood,  called  Rural  avenue. 

Williams  street,  Thirty-first  Ward,  in  what  was  formerly  known  as 
the  village  of  Avondale,  called  Dick  street. 

Willow  street,  Second  Ward,  called  Preston  street. 

Wilson  avenue,  Twenty-sixth  Ward,  called  Bonaparte  avenue. 

Wilson  street,  Twenty-seventh  Ward,  called  Cumber  street. 

Wilson  avenue,  Thirtieth  Ward,  in  what  was  formerly  known  as  the 
village  of  Westwood,  called  Clarence  avenue. 

Wood  street,  First  Ward,  in  what  was  formerly  known  as  the  village 
of  Linwood,  called  Shattuc  avenue. 

Woodbine  avenue,  Thirtieth  Ward,  in  what  was  formerly  known  as 
the  village  of  Westwood,  called  Hooker  street. 

Woodward  avenue,  Thirty- first  Ward,  in  what  was  formerly  known 
as  the  village  of  Avondale,  called  Blair  avenue. 

Yeatman  street,  Twenty-ninth  Ward,  in  what  was  formerly  known 
as  the  village  of  Riverside,  called  Princeton  street. 


Ordinances  of  the  City  of  Cincinnati 


411 


Abigail  street  change  to  East  Twelfth  street.  (Ord.  414,  passed 
January  29,  1900.) 

Alley  north  from  Qneen-City  avenue  to  Harrison  avenue,  east  of 
Rankin  street,  named  Engel  alley.  (Ord.  645,  passed  April 
29,  1901.) 

Ash  alley,  north  from  East  Second  to  Dunseth  alley.  (Ord.  781, 
passed  February  3,  1902.) 

Bank  alley,  from  Third  to  Fourth  street,  change  to  Bank  place. 
(Ord.  710,  passed  September  3,  1901.) 

Beard  street,  from  Hopple  street  to  Township  street,  change  to 
Garrard  avenue.  (Ord.  401,  passed  December  11,  1899.) 

Bennett  avenue  and  Union  avenue  to  Beechmont  avenue.  (Ord.  156, 
passed  March  28,  1898.) 

Bless  avenue,  from  Streng  street  to  Miami  and  Erie  canal,  next  east 
of  Top  street,  name  fixed.  (Ord.  393,  passed  Dec.  4,  1899.) 

Boldface  road,  from  West  Sixth  street  to  Glenway  avenue,  to 
Garfield  avenue.  (Ord.  53,  passed  August  16,  1897.) 

Chester  avenue  to  Russell  avenue.  (Ord.  83,  passed  Oct.  18,  1897.) 

Chestnut-tree  street,  from  Carson  avenue  west  to  the  corporation 
line,  change  to  Mayfield  avenue.  (Ord.  601,  passed  Jan.  14,  1901.) 

Davenport  street  to  Langdon  place.  (Ord.  224,  passed  Sept.  19,  1898. ) 

Elland  avenue  (portion  of)  and  other  streets  named  Altenheim 
avenue.  (Ord.  564,  passed  Nov.  12,  1900.) 

Erkenbrecher  avenue,  from  Burnet  avenue  to  Vine  street,  change  to 
Albany  avenue.  (Ord.  953,  passed  Oct.  20,  1902.) 

Everett  street  change  to  Armory  avenue.  (Ordinance  513,  passed 
July  24,  1900.) 

Feemster  alley,  from  McCullough  street  to  its  western  terminus,  to 
Feemster  street.  (Ord.  133,  passed  Feb.  7,  1898.) 

Florence  avenue,  from  Reading  road  to  Gilbert  avenue,  change  to 
Montgomery  road.  (Ord.  207,  passed  Nov.  5,  1903.) 

Garrard  or  Jeptha  avenue,  west  of  Horne  street  and  McLean  avenue, 
name  fixed  as  Garrard  avenue.  (Ord.  402,  passed  Dec.  11,  1899.) 

Goodwin  street  and  extension  thereof,  from  Tusculum  avenue  to 
Delta  avenue,  change  to  Golden  avenue.  (Ord.  336,  passed 
July  17,  1899.) 

■ Golden  avenue,  between  Hoge  street  and  Tusculum  avenue,  change 
to  Handman  avenue.  (Ord.  1004,  passed  Dec.  29,  1902.) 

Holcroft  street  (new),  from  Shillito  street  south.  (Ord.  714,  passed 
Sept.  3,  1901.) 

Hopson  street  change  to  Woodside  place.  (Ord.  913,  passed  Aug. 
25,  1902.) 

Hunt  street,  from  Broadway  to  McMillan  street,  to  Reading  road. 
(Ord.  56,  passed  Aug.  23,  1897.) 

Jefferson  avenue,  from  Brookline  avenue  to  Miami  canal,  to  Ludlow 
avenue.  (Ord.  105,  passed  Dec.  13,  1897.) 

Kelly  alley,  between  Kline  alley  and  western  terminus,  change  to 
Kelly  place.  (Ord.  449,  passed  April  3,  1900.) 

Lickrun  road,  South  Branch  road,  and  Plymouth  avenue,  from  Queen- 
City  avenue  south  of  Glenway  avenue,  to  Quebec  road.  (Ord.  316, 
passed  June  5,  1899.) 

Lilac  street,  from  Township  street  south  to  its  continuation  with 
Valley  street,  change  to  Valley  street.  (Ord.  389,  passed  Nov. 
13,  1899.) 

Linton  street,  lying  next  north  of  Oak  street,  between  Vernon  place 
and  Reading  road,  changed  to  Church  street  by  ordinance  passed 
May  1,  1899  ; name  restored  to  that  of  Linton  street.  (Ord.  348, 
passed  Aug.  14,  1899.) 


412 


Ordinances  of  the  City  of  Cincinnati 


Linton  street  to  Church  place.  (Ord.  298,  passed  May  1,  1899.) 

Linwood  road  from  Madison  road  to  Hogback  road,  and  Hogback 
road  from  Linwood  road  to  corporation  line,  to  Observatory 
avenue.  (Ord.  303,  passed  May  15,  1899.) 

Linwood  road,  from  Observatory  avenue  to  Eastern  avenue,  to  Lin- 
wood avenue.  (Ord.  315,  passed  June  5,  1899.) 

Locust  street,  from  Knott  street  to  Burnet  avenue,  Thirty-first  Ward, 
change  to  Hickory  street.  (Ord.  445,  passed  March  26,  1900.) 

Longworth  street,  from  Elm  to  Plum  street,  change  to  Post  square. 
(Ord.  924,  passed  Sept.  8,  1902.) 

Longworth  street,  from  Vine  to  Elm  street,  change  to  Opera  place. 
(Ord.  925,  passed  Sept.  8,  1902.) 

Malin  street  (new),  from  Shillito  street  south.  (Ord.  711,  passed 
Sept.  3,  1901  ) 

Market  street,  from  Eden  avenue  to  Highland  avenue,  change  to 
Rochelle  street.  (Ord.  837,  passed  May  5,  1902.) 

Maxwell  street,  formerly  Larry  alley,  change  to  Shea  place.  (Ord. 
559,  passed  Oct.  29,  1900.) 

Molitor  street  to  University  avenue.  (Ord.  174,  passed  May  2,  1898.) 

Mt.  Harrison  road,  from  Grand  avenue  to  Shadwell  street,  change 
to  Tomlinson  avenue.  (Ord.  626,  passed  March  11,  1901.) 

Oakland  avenue,  from  Evanswood  avenue  northwesterly.  (Ord.  878, 
passed  June  30,  1902.) 

Phelps  avenue,  formerly  Rapidrun  road,  from  Academy  avenue  to 
Vaughn  road,  change  to  St.  Lawrence  avenue.  (Ord.  51,  passed 
June  22,  1903.) 

Raine  avenue,  from  Jefferson  avenue  to  Hopson  street,  to  Lakewood 
avenue.  (Ord.  122,  passed  Jan.  24,  1898.) 

Revoke  avenue  change  to  Edison  avenue.  (Ord.  831,  passed  April 
28,  1902.) 

Saunders  street,  from  Auburn  avenue  to  Reading  road,  to  Dorchester 
avenue.  (Ord.  145,  passed  Feb.  28, 1898.) 

Sperber  avenue,  north  from  Queen-City  avenue,  and  between  Clifford 
and  White  streets.  (Ord.  780,  passed  Feb.  3,  1902.) 

Starry  alley,  north  from  Ninth  street  to  Richmond  street,  between 
Mound  and  John  streets.  (Ord.  90,  passed  Aug.  3,  1903.) 

Tecumseh  street  change  to  Hoff  avenue.  (Ord.  1002,  passed  Dec. 
22,  1902.) 

Tillie  avenue,  north  from  Queen-City  avenue,  east  of  Massasoit 
street.  (Ord.  780,  passed  PAeb.  3,  1902.) 

Trost  street  (new)  south  of  Shillito  street  and  parallel  thereto. 
(Ord.  713,  passed  Sept.  3,  1901.) 

Union-Bridge  road  (or  levee)  to  Beechmont  avenue.  (Ord.  89,  passed 
Nov.  1,  1897.) 

Vaughn  road,  from  Glenway  avenue  south  to  present  corporation 
line,  change  to  Fifth  avenue.  (Ord.  98,  passed  Aug.  10,  1903.) 

Wayne  street,  from  Hopson  street  to  Eden  avenue,  change  to 
Rochelle  street.  (Ord.  837,  passed  May  5.  1902.) 

York  alley  change  to  Naeher  street.  (Ord.  758,  passed  Dec.  9, 1901.) 


Ordinances  of  the  City  of  Cincinnati 


413 


No.  889.  Passed  March  1,  1895. 

To  provide  against  sweeping-  into,  throwing  into,  or  allowing  to  drop 
off  wagons,  carts,  or  other  vehicles  on  to  the  streets,  avenues,  or 
alleys  of  the  City  of  Cincinnati  any  dust,  dirt,  paper,  or  other  sub- 
stance, or  to  throw  into  or  distribute  upon  such  streets,  avenues, 
and  alleys  any  glass,  nails  in  pieces  of  board,  or  rubbish  of  any 
kind. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati : 

SEC.  1.  That  it  shall  be  unlawful  for  any  person  or  persons 
to  throw  or  sweep  into  the  streets,  avenues,  or  alleys  of  the  city 
of  Cincinnati  any  dust,  dirt,  paper,  or  substance  of  any  kind,  or 
to  throw  into  or  distribute  upon  such  streets,  avenues,  or  alleys 
any  glass,  nails  in  pieces  of  board,  or  rubbish  of  any  kind. 

SEC.  2.  That  any  person  or  persons  who  have  charge,  or 
the  driver  of  any  wagon,  cart,  or  other  vehicle  used  in  hauling 
dirt,  sand,  or  any  other  substance,  shall  not  allow  it  to  drop  or 
be  distributed  upon  the  streets,  avenues,  or  alleys  of  the  city 
of  Cincinnati. 

SEC.  3.  Any  person  or  persons  violating  the  provisions 
of  this  ordinance  shall,  on  conviction  thereof  in  the  Police 
Court,  be  fined  in  any  sum  not  exceeding  ten  dollars  and  costs 
of  prosecution. 

No.  250.  Passed  December  14,  1903. 

Regulating  the  right  of  way  of  the  streets  of  the  city. 

Be  it  ordained  by  the  Council  of  the  City  of  Cincinnati , State  of  Ohio : 
SEC.  1.  The  right  of  way  of  vehicles  using  the  streets  of 
the  city  shall,  as  far  as  practicable,  be  subject  to  the  following 
regulations  : They  shall  keep  to  the  right-hand  side  of  the 
street,  and  in  meeting  shall  pass  to  the  right.  When  moving 
slowly  they  shall  keep  near  the  right  curb,  so  as  to  give  vehi- 
cles moving  at  a greater  speed  the  use  of  the  central  part  of 
the  street.  In  turning  corners,  when  to  the  right,  vehicles 
shall  keep  to  the  right ; when  to  the  left,  no  turn  shall  be 
made  until  the  opposite  half  of  the  lateral  street  is  reached. 
When  not  in  motion  the  right  side  of  the  vehicle  shall  be 
next  to  the  curb  or  side  line  of  the  street. 


414 


Ordinances  of  the  City  of  Cincinnati 


SEC.  2.  The  fire,  police,  and  hospital  departments  of  the 
city,  and  any  salvage  corps  operating  with  the  consent  of  the 
Board  of  Public  Safety  in  responding  to  calls  or  orders,  in 
their  several  departments  and  when  sounding  the  gongs  upon 
their  respective  vehicles,  shall  for  such  vehicles  be  given  the 
right  of  way  in  going  through  the  streets  of  the  city.  Such 
gongs  shall  not  be  sounded  except  when  such  right  of  way  is 
necessary  in  the  performance  of  official  duty.  Upon  the  sound- 
ing of  such  gongs  all  vehicles,  cars  (whether  street,  interurban, 
or  railway),  locomotives,  and  animals  of  every  kind  shall  be 
immediately  placed  by  the  person  in  charge  thereof  in  such 
position  as  not  to  obstruct  the  right  of  way  herein  given. 

SEC.  3.  A violation  of  any  of  the  provisions  of  this  ordi- 
nance shall  be  deemed  a misdemeanor,  and  any  person  guilty 
thereof  shall,  upon  conviction  thereof,  be  fined  in  a sum  not 
more  than  one  hundred  dollars. 

No.  251.  Passed  December  21,  1903. 

Making-  it  unlawful  to  place  and  permit  to  remain  upon  the  streets  of 
the  city  clippings  of  wire,  metals,  broken  glass,  or  other  danger- 
ous substances. 

Be  it  ordained  by  the  Council  of  the  City  of  Cincinnati , State  of  Ohio: 

SEC.  1.  No  person  shall  drop  or  place  and  permit  to  remain 
upon  the  streets  of  the  city  clippings  of  wire  or  metal,  or  pieces  of 
broken  glass,  or  any  other  substance  or  material  by  which  injury 
may  occur  to  the  feet  of  horses  or  persons  using  said  streets. 

SEC.  2.  Any  person  violating  the  provisions  of  this  ordi- 
nance shall,  upon  conviction  thereof,  be  fined  in  a sum  not 
more  than  one  hundred  dollars  for  each  offense. 

No.  211.  Passed  March  4,  1892. 

To  require  newspaper  advertisements  of  theatrical  shows  or  exhibi- 
tions to  state  the  prices  of  admission  thereto,  and  also  to  require 
a scale  of  prices  to  be  hung  up  at  the  doors  of  the  theaters. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati : 

Sec.  1.  That  whenever  any  theatrical  show  or  exhibition 
of  any  name  or  nature  is  given  at  any  hall  or  building  in  this 


Ordinances  of  the  City  of  Cincinnati 


415 


city  licensed  as  a theater,  and  for  admission  to  which  money 
is  demanded,  if  such  theatrical  show  or  exhibition  is  advertised 
by  the  proprietor  of  such  theater,  show,  or  exhibition  in  any 
newspaper  of  general  circulation  published  within  the  corporate 
limits  of  Cincinnati,  every  such  advertisement  shall  state  the 
complete  scale  of  prices  for  admission  to  such  theatrical  show 
or  exhibition,  and  such  scale  of  prices  shall  also  be  framed  and 
hung  up  in  some  conspicuous  place  at  the  door  of  the  theater  ; 
and  it  shall  be  unlawful  for  any  person  to  sell  or  dispose  of  any 
ticket  or  seat  for  such  theatrical  show  or  exhibition  at  a higher 
price  for  admission  thereto  than  according  to  the  scale  of  prices 
so  published,  framed,  and  hung  up  ; and  it  shall  also  be  un- 
lawful for  any  person  to  sell  or  dispose  of  any  ticket  or  seat  for 
any  such  theatrical  show  or  exhibition  without  such  scale  of 
prices  having  been  first  advertised,  together  with  any  news- 
paper advertisement  of  such  show  or  exhibition,  and  also 
having  been  framed  and  hung  up  at  the  door  of  the  theater 
as  above  required. 

SEC.  2.  Any  person  or  persons  violating  this  ordinance 
shall  on  conviction  be  fined  in  any  sum  not  exceeding  fifty 
dollars  nor  less  than  five  dollars.  Each  ticket  or  seat  sold  or 
disposed  of  contrary  to  the  provisions  of  this  ordinance  shall 
be  deemed  and  held  to  be  a separate  offense. 

No.  648.  Passed  September  29,  1893. 

To  provide  for  the  use  of  certain  streets  of  the  city  of  Cincinnati 
by  the  Ohio  Telephone  and  Telegraph  Company  for  its  lines  of 
telephone  and  telegraph. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati: 

SEC.  1.  That  the  Ohio  Telephone  and  Telegraph  Company, 
its  successors  and  assigns,  be  and  the  same  is  hereby  granted, 
upon  the  terms  and  conditions  hereinafter  stated,  the  right, 
privilege,  and  authority  to  erect,  operate,  and  maintain  its 
lines  of  telephone  and  telegraph,  including  the  necessary  poles, 
wires,  and  fixtures,  upon,  along,  and  over  the  following  high- 
ways within  the  said  city  of  Cincinnati : Entering  said  city 
on  its  northerly  side,  and  continuing  to  the  junction  of  the 


416 


Ordinances  of  the  City  of  Cincinnati 


Torrence  Road  and  Columbia  Avenue  by  one  of  the  following 
routes  : First , either  entering  the  said  city  on  Fairview  or 
Vista  Avenue,  and  continuing  on  the  same  to  the  Madison- 
ville  Pike,  thence  along  Madisonville  Pike  to  the  Grandin  and 
Torrence  roads,  thence  along  the  Torrence  Road  to  Columbia 
Avenue  ; or,  second , entering  the  said  city  at  the  junction  of 
Observatory  Avenue  and  the  Edwards  Road,  thence  southerly 
along  the  Edwards  Road  to  the  Grandin  Road,  thence  to 
Columbia  Avenue,  thence  along  Columbia  Avenue  to  the 
Torrence  Road  from  the  junction  of  the  Torrence  Road  with 
Columbia  Avenue,  along  Columbia  Avenue  and  Kemper  Rane 
to  Gladstone  Avenue  or  Road,  thence  along  Gladstone  Avenue 
or  Road  to  Washington  Street,  thence  from  the  intersection 
of  Washington  Street  and  Gladstone  Avenue  or  Road  to  the 
intersection  of  Hill  and  Martin  streets  at  Third  Street ; either, 
first , along  the  proposed  continuation  of  Gladstone  Road  or 
Avenue  to  Martin  Street,  and  along  Martin  Street  to  Hill 
Street,  at  the  intersection  of  Hill  and  Martin  streets ; or, 
second , along  Washington  Street  from  the  Gladstone  Road  or 
Avenue  to  Third  Street,  thence  west  along  Third  and  Martin 
streets  to  the  intersection  of  Hill  and  Martin  streets,  thence 
along  either  Third  Street  or  Hill  and  Celestial  streets  to  the 
intersection  of  Celestial  Street  with  Third  Street,  thence  along 
Third  Street  westerly  to  Vine  Street,  thence  north  along  Vine 
Street  to  the  Telephone  Exchange,  as  now  located  upon  Vine 
Street ; also  south  on  Vine  Street  from  Third  Street  to  Water 
Street,  thence  easterly  along  Water  Street  to  the  Suspension 
Bridge  and  the  Ohio  River. 

Sec.  2.  The  poles  and  wires  shall  be  so  placed  as  not  to 
interfere  with  public  travel  or  the  streets  or  walks,  or  with 
public  or  private  property,  or  any  telegraph  or  telephone  lines 
belonging  to  the  city  of  Cincinnati,  and  the  erection  thereof 
shall  be  subject  to  the  supervision  and  direction  of  the  Board 
of  Administration. 

SEC.  3.  At  least  forty-eight  hours  before  opening  any  street, 
alley,  or  public  place  said  company  shall  notify  the  Board  of 


Ordinances  of  the  City  of  Cincinnati 


417 


Administration  of  its  intention  so  to  do,  and  the  said  company 
and  its  servants  and  employees  in  the  construction  of  its  lines, 
or  in  excavating  and  replacing  the  earth  in  any  street,  alley,  or 
public  place,  and  of  the  pavement  thereon,  shall  be  under  the 
supervision  of  the  Board  of  Administration,  and  shall  promptly 
comply  with  any  order  of  said  board.  No  excavation  in  any 
street,  alley,  or  public  place  shall  be  allowed  to  remain  open, 
or  said  street,  alley,  or  public  place  be  encumbered,  for  a 
longer  period  than  shall  be  necessary  to  execute  the  work  for 
which  the  same  is  made.  The  cost  of  restoring  the  earth 
or  otherwise  arising  from  such  excavation,  and  the  laying 
of  pavements  and  repairs  thereto  caused  by  the  opening  of 
any  such  street,  alley,  or  public  place,  shall  be  paid  by  said 
company  ; and  said  work  shall  be  done  under  the  supervision 
of  the  Board  of  Administration,  and  the  expense  of  said 
supervision  shall  be  paid  by  said  company  on  presentation 
of  bills,  certified  by  said  board,  and  any  expense  to  which 
the  city  shall  be  put  from  neglect  of  said  company  or  its 
employees  in  the  doing  of  any  work,  or  the  doing  of  the  same 
in  an  unworkmanlike  manner,  or  the  digging  of  ditches  or 
holes  and  erection  of  poles,  or  restoring  the  earth  or  any  ex- 
cavation, or  relaying  or  replacing  of  any  pavement,  shall  be 
paid  in  like  manner  by  said  company  on  presentation  of  the 
bills  of  cost,  certified  by  said  Board  of  Administration  or  its 
successors. 

SEC.  4.  Said  company  shall  indemnify  the  city  against  and 
assume  all  liability  and  damages  which  may  arise,  come,  or 
occur  to  the  city  of  Cincinnati  from  any  injury  to  persons  or 
property  from  the  doing  of  any  work  herein  mentioned,  or  the 
neglect  of  the  company  or  its  employees  to  comply  with  any 
ordinance  relative  to  the  use  of  streets  or  other  public  places, 
especially  as  to  the  putting  up  of  lights  or  barriers  at  or 
around  excavations,  and  the  acceptance  by  the  company  of  this 
ordinance  shall  be  an  agreement  by  it  to  pay  to  the  city  of 
Cincinnati  any  sum  of  money  for  which  the  city  may  become 
liable  from  or  by  reason  of  such  injury. 


418 


Ordinances  of  the  City  of  Cincinnati 


SEC.  5.  For  and  in  consideration  of  this  grant  the  said  the 
Ohio  Telephone  and  Telegraph  Company  agrees  and  reserves 
to  the  city  of  Cincinnati  the  right  to  the  exclusive  use  of  one 
cross  - arm  upon  all  poles  erected  under  this  ordinance  for 
police,  fire-alarm,  and  other  city  official  telegraph  and  tele- 
phone service,  free  of  charge  to  the  said  city. 

SEC.  6.  Said  company  shall  file  with  the  city  clerk  its 
acceptance  of  this  ordinance  within  thirty  days. from  the  date 
when  it  shall  take  effect ; and  before  exercising  any  of  the 
privileges  granted  hereby  shall  file  with  the  city  auditor  a 
satisfactory  bond,  with  sufficient  sureties,  in  favor  of  the  city 
of  Cincinnati,  approved  by  the  Board  of  Administration,  in  the 
sum  of  ten  thousand  dollars,  that  it  will  faithfully  comply  with 
and  perform  the  terms  and  conditions  of  this  ordinance. 

SEC.  7.  Nothing  herein  contained  shall  be  construed  to  give 
the  said  telephone  company  or  its  successors  any  exclusive 
right  to  construct  telephone  and  telegraph  lines  in  the  streets 
and  alleys  of  the  city  of  Cincinnati. 

Sec.  8.  Said  corporation  shall  at  all  times  be  subject  to 
the  city  ordinances  now  in  existence,  or  which  may  hereafter 
be  passed,  relative  to  the  use  of  public  streets  or  other  public 
places. 

No.  4326.  Passed  February  7,  1890. 

Adopting-  central  standard  time  as  the  criterion  of  time  in  the  City 
of  Cincinnati. 

Be  it  ordained  by  the  Common  Council  of  Cincinnati: 

That  central  standard  time  be  and  the  same  is  hereby 
adopted  as  the  criterion  and  standard  of  time  in  the  city  of 
Cincinnati,  instead  of  meridian  time  heretofore  in  use. 


Ordinances  of  the  City  of  Cincinnati 


419 


No.  263.  Passed  February  6,  1899. 

To  prevent  the  smoking-  of  tobacco  by  persons  under  fifteen  years 
of  age  on  the  streets  and  other  public  places,  and  to  regulate  the 
sale  of  tobacco. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati  : 

Sec.  1.  That  it  shall  be  unlawful  for  any  person  under  the 
age  of  fifteen  years  to  smoke  tobacco  in  any  form  while  on  the 
streets  or  other  public  highways,  or  in  any  theater,  concert- 
hall,  or  place  of  public  meeting  ; and  if  any  such  persons  under 
the  age  of  fifteen  years  be  found  smoking  tobacco  while  on  any 
such  street  or  highway,  or  while  in  any  such  theater,  concert- 
hall,  or  other  place  of  public  meeting,  it  shall  become  the  duty 
of  the  police  to  arrest  all  such  persons  ; and  on  conviction 
thereof  such  person  or  persons  shall  be  fined  not  more  than 
five  dollars  nor  less  than  one  dollar,  and  for  any  subsequent 
offense  of  the  same  nature  shall,  upon  conviction  thereof,  be 
fined  not  more  than  ten  dollars  nor  less  than  two  dollars,  or  be 
imprisoned  not  more  than  ten  days,  or  both. 

SEC.  2.  That  it  shall  be  unlawful  for  any  person  or  persons 
engaged  in  the  business  of  selling  tobacco  to  knowingly  sell  to 
any  person  under  the  age  of  fifteen  years  tobacco  in  any  form, 
and  any  such  person  or  persons  engaged  in  the  business  of 
selling  tobacco  who  shall  knowingly  sell  tobacco  in  any  form  to 
any  person  under  the  age  of  fifteen  years,  shall  upon  conviction 
thereof  be  fined  not  more  than  fifty  dollars  nor  less  than  twenty- 
five  dollars,  or  be  imprisoned  not  more  than  twenty  days,  or 
both ; and  it  shall  be  the  duty  of  the  mayor  and  superintendent 
of  police  to  see  that  this  ordinance  is  enforced. 

No.  1042.  Passed  March  20,  1896. 

To  provide  for  the  care,  management,  and  control  of  the  buildings 
known  as  the  Westwood,  Linwood,  and  Clifton  town  halls,  and 
to  carry  out  the  provisions  of  certain  leases,  and  to  provide  for 
the  payment  therefor. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati: 

SEC.  1.  That  the  Board  of  Administration  of  the  city  of 
Cincinnati  be  and  it  is  hereby  authorized  and  empowered  to 


420 


Ordinances  of  the  City  of  Cincinnati 


be  the  custodian  of,  and  to  employ  the  necessary  help,  and  to 
furnish  and  provide  for  all  the  supplies  that  are  necessary  for 
the  proper  management  and  control  of  the  public  buildings 
known  as  the  Westwood,  Linwood,  and  Clifton  town  halls,  and 
to  assume,  carry  out,  and  enforce  the  provisions  of  certain 
leases,  to- wit  : A lease  from  the  Resor  Academy  and  Literary 

Institute  of  Clifton  to  the  village  of  Clifton,  executed  August 
3,  1880,  and  recorded  March  22,  1881  (Lease-book  No.  65, 
p.  319,  Hamilton  County  Records );  and  a lease  from  the  village 
of  Clifton  to  the  Board  of  Education  of  Clifton  Special  School 
District,  executed  August  18, 1880,  and  recorded  March  22, 1881 
(Lease-book  No.  65,  p.  317,  Hamilton  County  Records). 

SEC.  2.  The  Board  of  Administration  is  hereby  authorized 
and  directed  to  establish  and  enforce  such  rules  and  regulations 
as  it  may  deem  necessary  for  the  proper  control  and  protection 
of  said  buildings,  and  the  enforcement  and  carrying  out  of  the 
provisions  of  said  leases,  and  to  establish  a schedule  of  rents 
to  govern  the  renting  of  portions  of  said  buildings. 

SEC.  3.  In  order  to  provide  for  the  payment  of  the  care, 
management,  and  control  of  said  buildings,  and  the  enforce- 
ment and  carrying  out  of  the  provisions  of  said  leases,  the  sum 
of  six  thousand  five  hundred  dollars  be  and  the  same  is  hereby 
appropriated  from  the  General  Fund  (contingent  account),  the 
same  being  an  unforeseen  emergency  ; and  the  Board  of  Admin- 
istration be  and  it  is  hereby  authorized  to  expend,  and  the  city 
auditor  is  hereby  authorized  and  directed  to  draw  his  warrants 
on  the  city  treasurer  upon  presentation  of  vouchers  properly 
approved  by  the  Board  of  Administration. 

SEC.  4.  All  rents  and  other  revenue  to  be  received  by  the 
Board  of  Administration  through  the  management  of  said  build- 
ings, or  the  enforcement  and  carrying  out  of  said  leases,  shall 
be  deposited  by  them  with  the  city  treasurer  to  the  credit  of 
the  General  Fund  of  the  city,  and  said  board  shall  be  required 
to  submit  for  the  consideration  of  the  Board  of  Legislation, 
on  the  first  regular  meeting  thereof  in  July  and  January  of 
each  year,  a statement  showing  the  receipts  and  expenditures 


Ordinances  of  the  City  of  Cincinnati 


421 


pertaining  to  said  buildings  and  leases  for  the  preceding  six 
months. 

No.  363.  Passed  September  5,  1899. 

Granting1  to  the  American  Tool  Works  Company  permission  to  erect 
and  maintain  tramway. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati : 

SEC.  1.  That  permission  is  hereby  granted  to  the  American 
Tool  Works  Company  to  erect  and  maintain  a tramway  on  the 
sidewalk  in  front  of  their  premises,  for  the  purpose  of  handling 
heavy  castings,  on  the  west  side  of  Eggleston  Avenue,  between 
Sixth  and  Eighth  streets 

No.  1062.  Passed  March  28,  1903. 

Granting  the  Kruse  & Bahlmann  Hardware  Company  permission  to 
construct,  maintain,  and  use  a sidetrack  from  their  property  on 
Sixth  Street  across  the  sidewalk  to  connect  with  the  track  in 
Sixth  Street. 

Whereas , The  city  of  Cincinnati  did  on  the  13th  day  of 
December,  1876,  pass  a resolution  granting  permission  to  the 
Eittle  Miami  Railroad  Company  to  construct,  maintain,  and 
use  a sidetrack  or  switch  from  its  connection  track  on  Eggleston 
Avenue  into  and  along  Sixth  Street,  a distance  of  four  hundred 
and  sixty-eight  feet,  more  or  less,  and  across  the  sidewalk  into 
the  property  of  J.  V.  Lewis  & Co. ; and 

Whereas , The  Kruse  & Bahlmann  Hardware  Company  is 
the  lessee  of  a piece  of  property  on  the  south  side  of  Sixth 
Street  adjoining  the  property  formerly  owned  by  said  J.  V. 
Lewis  & Co.  on  the  west ; and 

Whereas , The  Kruse  & Bahlmann  Hardware  Company  is 
desirous  of  connecting  its  property  with  said  sidetrack  or  switch : 
Therefore  be  it  ordained  by  the  Board  of  Legislation  of  the  city 
of  Cincinnati  : 

SEC.  1.  That  permission  be  and  it  is  hereby  granted  to  the 
Kruse  & Bahlmann  Hardware  Company  to  construct,  maintain, 
and  use  a sidetrack  or  switch  across  the  sidewalk  from  the 


422 


Ordinances  of  the  City  of  Cincinnati 


east  end  of  their  property,  so  as  to  connect  with  the  sidetrack 
or  switch  in  Sixth  Street,  constructed  in  pursuance  of  said 
resolution  of  December  13,  1876,  the  work  to  be  done  under 
the  supervision  and  to  the  satisfaction  of  the  chief  engineer  of 
the  Board  of  Public  Service ; provided  that  there  shall  be 
placed  and  maintained  between  the  rails  thereof,  and  to  within 
two  and  one  half  inches  thereof  on  either  side,  a planking  of 
sound  oak  plank,  securely  spiked  to  the  crossties,  said  planking 
to  be  of  the  same  thickness  as  the  depth  of  the  rail,  so  that  the 
surface  of  the  planking  shall  be  flush  with  the  top  of  the  rail ; 
and  oak  planking  not  less  than  four  inches  wide,  and  of  the 
same  thickness  as  that  between  the  rails,  shall  be  securely 
spiked  to  the  crossties  against  the  outer  edge  of  each  rail  and 
flush  with  the  top  thereof.  This  work  to  be  all  done  under 
the  direction  and  to  the  satisfaction  of  the  Board  of  Public 
Service  and  its  chief  engineer.  And  that  said  Bahlinann  & 
Kruse,  or  their  successors  in  the  use  of  this  track,  shall  always 
keep  the  sidewalk  at  this  crossing  free  and  opfen  for  the  general 
use  of  the  public,  and  in  good  condition. 

No.  497.  Passed  July  2,  1900. 

To  provide  for  the  appointment  of  subordinates  in  the  city  treasurer’s 
office,  and  to  repeal  certain  ordinances  therein  named. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati : 

Sec.  1.  That  the  treasurer  of  the  city  be  and  he  is  hereby 
authorized,  subject  to  the  approval  of  the  Board  of  Legislation, 
to  appoint  at  annual  salaries,  fixed  respectively  as  follows  : 
An  assistant  treasurer,  $2,500  ; a bookkeeper,  $2,000  ; a pay- 
master, $1,500;  an  assistant  paymaster,  $1,100;  two  clerks, 
each  $1,500.  Provided  that  there  shall  be  allowed  and  paid 
to  the  assistant  paymaster  an  additional  sum  of  four  hundred 
dollars  per  annum  to  compensate  him  for  the  cost  and  expense 
of  providing,  keeping,  and  caring  for  a horse,  buggy,  and  har- 
ness, and  maintaining  them  in  serviceable  condition  without 
additional  expense  to  the  city,  to  be  used  by  him  in  the  per- 
formance of  his  duties  as  herein  defined.  Said  appointees, 


Ordinances  of  the  City  of  Cincinnati 


423 


under  the  direction  of  the  treasurer,  shall  perforin  such  duties, 
consistent  with  the  nature  of  their  respective  appointments, 
as  he  may  designate  ; provided  that  it  shall  be  the  duty  of 
the  assistant  paymaster,  under  the  direction  of  the  treasurer, 
to  pay  the  wages  of  laborers  in  the  employ  of  the  city  in 
any  of  its  departments,  when  practicable,  at  or  near  their 
place  of  work. 

SEC.  2.  The  salaries  and  allowances  herein  provided  for 
shall  be  paid  in  equal  semi-monthly  installments,  upon  the 
allowance  of  the  treasurer,  in  the  manner  provided  by  law 
and  ordinance.  Said  appointees  shall  hold  their  places  during 
the  pleasure  of  the  treasurer,  but  before  entering  upon  their 
respective  duties  shall  each  give  a bond,  payable  to  the  city, 
conditioned  and  approved  in  the  manner  provided  by  law  and 
ordinance,  and  in  the  amounts  following,  respectively,  to-wit  : 
The  assistant  treasurer,  $100,000  ; the  bookkeeper,  $10,000  ; 
the  paymaster,  $10,000 ; the  assistant  paymaster,  $10,000 ; 
and  the  clerks,  each  $5,000. 

Sec.  3.  In  the  absence  or  illness  of  the  treasurer,  the 
assistant  treasurer  shall  have  charge  and  supervision  of  the 
office,  and  shall  perform  the  duties  of  the  treasurer;  and  in 
the  absence  or  illness  of  both  the  treasurer  and  assistant 
treasurer,  the  bookkeeper  shall  have  such  charge  and  super- 
vision, and  may  perform  their  duties. 

SEC.  4.  That  the  following  entitled  ordinances  be  and  the 
same  are  hereby  repealed,  to-wit : 

“An  ordinance  to  provide  for  the  appointment  of  an  assistant 
city  treasurer,”  passed  May  6,  1864.  (C.  & H.,  page  781.) 

“An  ordinance  (No.  4060)  to  amend  an  ordinance  providing 
for  the  appointment  of  an  assistant  city  treasurer,”  passed  April 
6,  1888.  (Henderson,  page  39.) 

“An  ordinance  (No.  4102)  to  give  the  city  treasurer  power 
to  appoint  a license  and  assessment  clerk,”  passed  August  17, 
1888.  (Henderson,  page  39.) 

“An  ordinance  (No.  164)  creating  the  office  of  bookkeeper 
of  the  city  treasurer’s  office,  and  authorizing  the  appoint- 


424 


Ordinances  of  the  City  of  Cincinnati 


ment  and  fixing  the  salary  thereof,”  passed  January  29,  1892. 
(Henderson,  page  39.) 

“An  ordinance  to  provide  for  the  appointment  of  an  assistant 
paymaster  in  the  city  treasurer’s  office,”  passed  Tuly  27,  1883. 
(C.  & H.,  page  782.) 

“An  ordinance  (No.  266)  fixing  the  salary  of  the  assistant 
paymaster  of  the  city  treasurer’s  office,”  passed  June  3,  1892. 
(Henderson,  page  40.) 

“An  ordinance  (No.  4030)  to  appropriate  four  hundred 
dollars  from  the  General  Fund  for  the  purpose  of  defraying 
the  expense  of  keeping  a horse,  buggy,  and  harness  for  the 
use  of  the  assistant  city  paymaster,”  passed  January  4,  1888. 
(Ordinance  Record,  vol.  22,  page  40.) 

And  that  a certain  resolution  of  the  City  Council  of  Cin- 
cinnati, authorizing  the  city  treasurer  to  employ  additional 
assistance  at  one  hundred  and  twenty-five  dollars  per  month, 
and  providing  for  the  payment  of  city  laborers  at  their  place 
of  work,  adopted  August  26,  1870  (C.  & H.,  pages  782-783), 
be  and  the  same  is  hereby  rescinded. 

No.  281.  Passed  March  6,  1899. 

To  authorize  the  Christian  Moerlein  Brewing-  Company  to  construct 
a tunnel  under  Pleasant  Street,  between  Henry  Street  and  Mc- 
Micken  Avenue. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati : 

SEC.  1.  That  the  Christian  Moerlein  Brewing  Company  be 
and  hereby  is  authorized  to  construct  a tunnel  under  Pleasant 
Street,  between  Henry  Street  and  McMicken  Avenue,  connect- 
ing the  property  of  the  said  the  Christian  Moerlein  Brewing 
Company  upon  both  sides  of  said  Pleasant  Street. 

Sec.  2.  That  said  tunnel  shall  be  constructed  according 
to  plans  and  of  a size  and  depth  to  be  approved  by  the  Board 
of  City  Affairs. 


Ordinances  of  the  City  of  Cincinnati 


425 


No.  817.  Passed  February  24,  1902. 

To  authorize  the  Lunkenheimer  Company  to  construct  a tunnel 
under  Lawnway  Avenue,  in  Fairmount,  between  Tremont  Street 
and  Waverly  Avenue. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati: 

SEC.  1.  That  the  Lunkenheimer  Company  be  and  it  is 
hereby  authorized  to  construct  a tunnel  under  Lawnway  Avenue, 
between  Tremont  Street  and  Waverly  Avenue,  connecting  the 
property  of  the  said  company,  which  is  situated  on  the  east  and 
west  sides  of  Lawn  way  Avenue. 

SEC.  2.  That  said  tunnel  shall  be  constructed  according  to 
plans  and  of  a size  and  depth  to  be  approved  by  the  chief  engi- 
neer of  the  Board  of  Public  Service  of  the  city  of  Cincinnati. 

No.  972.  Passed  November  10,  1902. 

Granting1  permission  to  the  Herancourt  Brewing  Company  to  con- 
struct and  maintain  a subway  under  Harrison  Avenue. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati : 

Sec.  1.  That  permission  is  hereby  granted  to  the  Heran- 
court Brewing  Company  to  construct  and  maintain  a subway 
under  and  across  Harrison  Avenue,  between  Beekman  Street 
and  Spring  Street,  connecting  the  main  buildings  of  said  brew- 
ing company  with  the  addition  to  the  same  on  the  opposite 
side  of  Harrison  Avenue  ; said  subway  to  be  used  for  passage 
between  the  two  cellars  of  said  brewing  company,  and  for  the 
purpose  of  maintaining  therein  pipes  and  wires  necessary  in 
the  prosecution  of  the  business  of  said  brewing  company. 

SEC.  2.  Said  subway  is  to  be  constructed  of  brick  and 
masonry,  and  to  be  of  not  greater  dimensions,  inside  measure- 
ment, than  four  and  one  half  feet  in  height  and  four  feet  in 
width,  and  to  be  constructed  so  that  no  portion  thereof  shall 
be  less  than  five  and  one  half  feet  below  the  street  grade  at 
the  place  of  crossing.  Said  subway  is  to  be  further  constructed 
in  accordance  with  plans  and  specifications  to  be  approved  by 
the  Board  of  Public  Service,  and  under  the  direction  and  to 
the  satisfaction  of  the  city  engineer,  and  so  as  not  to  interfere 


426 


Ordinances  of  the  City  of  Cincinnati 


in  any  way  with  sewerage  pipes,  water-pipes,  gas-pipes,  street- 
car tracks,  or  any  other  present  use  of  Harrison  Avenue.  Said 
Harrison  Avenue,  during  the  construction  of  said  subway, 
shall  be  kept  open  for  travel,  and  shall  be  restored  to  as  good 
condition  as  it  was  before  the  building  of  such  subway,  in- 
cluding all  repairs  at  any  time  necessary  by  reason  of  such 
construction.  This  grant  is  subject  to  the  condition  that  if 
said  subway  at  any  time  interferes  with  any  other  proper  and 
necessary  use  of  the  street  it  shall  be  removed  or  altered  as 
the  Board  of  Public  Service  may  deem  necessary. 

Sec.  3.  Before  commencing  any  work  upon  the  said  subway 
the  Herancourt  Brewing  Company  shall  execute  a bond  to  the 
city  of  Cincinnati,  in  the  sum  of  one  thousand  dollars,  to  save 
the  city  harmless  from  any  and  all  claims  for  damages  that 
may  accrue  and  be  lawfully  established  by  reason  of  the 
construction  of  such  subway,  and  for  the  faithful  compliance 
by  said  company  with  all  and  singular  the  provisions  of  this 
ordinance. 

No.  985.  Passed  November  24,  1902. 

Granting-  to  the  John  Shillito  Company  the  right  to  construct  and 
maintain  a subway  under  Shillito  Place,  connecting  with  the 
Cincinnati  Gymnasium  and  Athletic  Club. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati : 

Sec.  1.  That  the  right  is  hereby  granted  to  the  John 
Shillito  Company  to  construct  and  maintain  a subway  crossing 
under  Shillito  Place,  and  connecting  with  the  building  of  the 
Cincinnati  Gymnasium  and  Athletic  Club,  for  the  purpose  of 
transmitting  steam-power  and  heat  to  the  latter. 

Sec.  2.  Such  subway  shall  be  constructed  under  the  super- 
vision of  the  Board  of  Public  Service  and  its  chief  engineer, 
at  such  depth  and  in  such  manner  as  not  to  interfere  with 
sewers  or  pipes  now  laid  there  and  necessary  for  public  or 
other  service.  The  street  disturbed  in  the  work  of  placing 
such  subway  shall  be  restored  to  its  present  condition.  The 
John  Shillito  Company  shall,  in  laying  and  maintaining  this 


Ordinances  of  the  City  of  Cincinnati 


427 


subway,  be  subject  to  such  restrictions  as  may  be  required  by 
the  Board  of  Public  Service. 

No.  1064.  Passed  March  30,  1903. 

To  grant  to  the  Barron-Boyle  Company  the  right  to  lay  and  use  a 
pipe  for  transmission  of  steam. 

Be  it  or  darned,  by  the  Board  of  Legislation  of  Cincinnati : 

SEC.  1.  That  the  Barron-Boyle  Company  is  hereby  granted 

the  right  to  lay  and  use  a pipe  for  transmission  of  steam 

across  and  under  the  surface  of  Lawson  Alley,  between  Fourth 

and  Fifth  streets,  connecting  their  premises  on  either  side  of 

said  alley.  This  pipe  shall  be  laid  in  such  manner  as  not  to 

interfere  with  any  of  the  ordinary  uses  of  Lawson  Alley,  or 

with  any  other  pipes,  sewers,  or  connections  thereunder,  and 

to  the  satisfaction  of  the  Board  of  Public  Service. 

No.  95.  Passed  August  3,  1903. 

Granting  the  Triumph  Electric  Company  the  right  to  construct  a 
tunnel  under  Margaret  Alley. 

Be  it  ordained  by  the  Council  of  the  City  of  Cincinnati , State  of  Ohio : 

Sec.  1.  That  the  Triumph  Electric  Company  of  Cincinnati, 
Ohio,  is  hereby  granted  the  right  to  construct  a tunnel  under 
Margaret  Alley,  connecting  the  buildings  of  said  company  on 
either  side  of  said  alley. 

Sec.  2.  Said  tunnel  shall  be  four  feet  wide  by  six  feet 
high  ; shall  in  no  way  interfere  with  any  gas-,  water-,  or 
sewer-pipe  ; and  shall  be  constructed  under  the  supervision  of 
the  city  engineer. 

No.  4266.  Passed  September  20,  1889. 

Relating  to  the  occupancy  of  part  of  Burnet -Woods  Park  by  the 
University  of  Cincinnati. 

Be  it  ordained  by  the  Common  Council  of  Cincinnati . 

Sec.  1.  That  the  mayor  be  and  he  is  hereby  authorized 
and  directed  to  execute  on  behalf  of  the  city  the  following 
agreement  with  the  University  of  Cincinnati  : 


428 


Ordinances  of  the  City  of  Cincinnati 


This  agreement , made  this day  of , 188 — , by 

and  between  the  city  of  Cincinnati,  party  of  the  first  part, 
and  the  University  of  Cincinnati,  party  of  the  second  part, 
witnesseth  : 

That  the  party  of  the  first  part,  for  and  in  consideration  of 
one  dollar  by  it  received  from  the  party  of  the  second  part,  and 
the  covenants  of  the  party  of  the  second  part  hereinafter  set 
out  by  it  to  be  performed,  does  hereby  covenant  and  agree  to 
and  with  the  party  of  the  second  part  that  the  said  last-named 
party  may  erect  a university  building  and  such  other  buildings 
as  may  be  incidentally  connected  therewith,  and  forever  after- 
ward maintain  and  control  the  same  for  the  purposes  hereinafter 
named,  upon  the  following  described  lot  of  land,  situated  in  the 
city  of  Cincinnati,  Hamilton  County,  Ohio  : Beginning  at  a 
point  in  the  east  line  of  Clifton  Avenue,  which  point  is  50  feet 
east  of  the  west  line  and  726.36  feet  north  of  the  south  line 
of  Section  14,  Millcreek  Township,  also  in  the  north  line  of 
Corry  Street  as  laid  out  through  Burnet-Woods  Park;  thence 
east  on  the  said  north  line  of  Corry  Street,  parallel  to  the  south 
line  of  said  Section  14,  and  726.36  feet  northwardly  therefrom 
at  right  angles,  1424.06  feet  to  the  east  line  of  Burnet-Woods 
Park  and  the  west  line  of  the  Corry  tract ; thence  north  with 
the  east  line  of  Burnet-Woods  Park  1354.21  feet  to  the  center 
of  Molitor  Street  as  laid  out  and  improved  by  the  city  of  Cin- 
cinnati east  from  the  east  line  of  said  Burnet-Woods  Park ; 
thence  from  this  point  on  a curve  southwardly  with  300  feet 
radius  (to  which  curve  the  said  center  line  of  Molitor  Street 
is  tangent)  a distance  of  141.37  feet ; thence  reversing  with 
a radius  of  300  feet  a distance  of  376.99  feet ; thence  reversing 
with  a radius  of  200  feet  a distance  of  349.07  feet ; thence 
reversing  with  a radius  of  300  feet  for  a distance  of  502.66 
feet;  thence  reversing  with  a radius  of  238.80  feet  a distance 
of  170.88  feet  to  a point  in  the  said  center  line  of  Molitor 
Street  produced,  which  line  is  tangent  to  last-described  curve; 
thence  on  the  said  tangent  and  center  line  of  Molitor  Street 
produced  39.27  feet  to  the  east  line  of  Clifton  Avenue  ; thence 


Ordinances  of  the  City  of  Cincinnati 


429 


south  on  said  east  line  of  Clifton  Avenue  1356.21  feet  to  the 
place  of  beginning ; containing  43.302  acres  of  land ; except- 
ing therefrom,  however,  a strip  of  laud  thirty  feet  in  width  off 
of  the  east  side  of  said  tract  from  Corry  Street  to  Molitor  Street 
for  a proposed  public  street,  and  excepting  therefrom  also  a 
strip  thirty  feet  in  width  off  of  the  north  side  of  said  tract 
between  Clifton  Avenue  and  the  east  line  of  the  park  for  the 
proposed  extension  of  Molitor  Street ; the  tract  of  land  hereby 
granted  as  aforesaid  and  the  strips  excepted  therefrom  for  street 
purposes  being  more  fully  shown  upon  the  accompanying  plat, 
which  is  hereby  made  a part  hereof. 

That  the  said  University  of  Cincinnati  may  erect  on  said 
lot  above  described  its  main  building  at  whatever  point  that  it 
may  select,  and  it  shall  have  exclusive  control  in  and  over  so 
much  of  said  lot  as  lies  within  a radius  of  one  hundred  feet  on 
all  sides  of  said  main  building ; provided  that  said  limit  of  one 
hundred  feet  does  not  extend  beyond  any  line  of  said  first- 
described  lot  or  tract  of  ground.  But  it  is  expressly  agreed 
and  understood  that  the  remainder  of  said  tract  of  43.164  acres 
just  above  described  not  occupied  by  buildings  for  said  uni- 
versity purposes  is  to  remain  open  to  the  public  as  a part  of 
Burnet-Woods  Park  forever.  The  said  party  of  the  second 
part  shall  have  the  right  to  use  the  remainder  of  said  above- 
described  tract  for  all  proper  university  purposes,  and  to  build 
roads,  lay  out  grounds,  plant  trees,  and  otherwise  beautify 
and  improve  said  grounds,  subject  always  to  approval  by  the 
Board  of  Public  Affairs  of  said  party  of  the  first  part.  And 
the  said  party  of  the  second  part,  for  and  in  consideration  of 
one  dollar  by  it  received  from  the  party  of  the  first  part,  and 
the  covenants  to  be  performed  by  the  said  party  of  the  first 
part,  does  hereby  covenant  and  agree  to  and  with  the  said 
party  of  the  first  part  that  it  will  commence  the  construction 
of  its  main  building  for  university  purposes  within  three  years 
from  the  date  of  the  execution  of  this  agreement,  otherwise 
this  agreement  to  be  null  and  void,  without  proceedings  in 
forfeiture  therefor. 


430 


Ordinances  of  the  City  of  Cincinnati 


Said  party  of  the  second  part  further  agrees  and  cove- 
nants that  within  five  years  from  the  date  of  the  execution 
of  this  agreement  it  will  have  expended  at  least  one  hundred 
thousand  dollars  in  the  construction  of  the  buildings  and 
other  improvements  upon  the  above-described  lot  or  tract  of 
ground  for  its  university  purposes,  otherwise  this  agreement 
to  be  null  and  void  without  proceedings  in  forfeiture  therefor  ; 
and  that  it  will  keep  said  improvements  in  repair,  and  for 
ever  after  maintain  and  control  said  buildings  so  constructed 
upon  said  lot,  together  with  the  said  grounds,  for  university 
purposes. 

That  in  case  of  the  failure  of  said  University  of  Cincinnati 
to  make  substantial  compliance  with  the  conditions  and  stipu- 
lations in  this  agreement,  or  in  case  said  university  shall  at  any 
time  thereafter  fail  to  maintain  and  keep  up  a university  for 
educational  purposes,  or  shall  fail  to  continue  and  maintain 
the  grounds  not  actually  occupied  by  buildings  for  university 
purposes,  the  same  shall,  at  the  option  of  the  city,  become 
void,  and  the  city  may  thereupon  retake  and  retain  the  sole 
and  exclusive  control  of  said  premises. 

In  testimony  whereof  the  city  of  Cincinnati  has  caused  its 
name  to  be  signed  hereto  and  its  corporate  seal  to  be  impressed 

thereon  by  , the  mayor  of  said  city,  and  the  University 

of  Cincinnati  has  caused  its  name  to  be  signed  hereto  and  its 
corporate  seal  to  be  impressed  hereon  by  the  presideut  of  its 
board  of  trustees,  who  was  duly  authorized  so  to  do  by  reso- 
lution of  said  trustees,  this  day  of  , 188 — . 

Sec.  2.  The  duty  to  execute  said  agreement  is  hereby  im- 
posed upon  the  mayor,  upon  condition  that  the  said  University 
of  Cincinnati  shall  also  execute  said  contract  on  its  behalf 
within  ninety  days  from  the  passage  of  this  ordinance  ; and 
the  city  solicitor  is  directed  to  cause  said  agreement  and  plat 
to  be  duly  recorded. 


Ordinances  of  the  City  of  Cincinnati 


431 


No.  55.  Passed  July  24,  1891. 

To  provide  for  the  devise  of  Matthew  H.  Thoms  to  the  City  of 
Cincinnati  in  trust  for  the  University  of  Cincinnati. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati: 

SEC.  1.  That  the  devise  of  Matthew  H.  Thoms  to  the  city 
of  Cincinnati,  in  trust  for  the  University  of  Cincinnati,  by  his 
will  dated  October  28,  1873,  and  the  codicil  thereto  dated 
November  11,  1890,  and  admitted  to  probate  by  the  Probate 
Court  of  Hamilton  County,  Ohio,  on  January  6,  1891,  be  and 
the  same  is  hereby  accepted  in  accordance  with  the  terms  and 
provisions  of  said  will  of  said  Matthew  H.  Thoms. 

“THE  WILLIAM  THOMS  PROFESSORSHIP”  PROVIDED  FOR  IN  THE  LAST  WILL 
AND  TESTAMENT  OF  MATTHEW  H.  THOMS  OF  CINCINNATI,  O. 

1.  I direct  that  there  be  first  paid  out  of  my  estate  my  just 
debts  and  funeral  expenses,  and  the  expenses  of  administration 
of  my  estate. 

2.  I direct  that  a monument  be  erected  over  the  grave 
of  my  father  in  Spring-Grove  Cemetery  at  an  expense  not 
exceeding  one  thousand  dollars. 

3.  All  the  rest,  residue,  and  remainder  of  my  estate,  real 
and  personal,  wheresoever  situate,  of  which  I may  die  seized 
I give  and  devise  to  the  city  of  Cincinnati,  in  trust  for  the 
University  of  Cincinnati,  upon  condition  that  out  of  the  same 
there  be  set  apart  and  provided  a sufficient  sum  as  the  endow- 
ment of  a professorship,  to  be  called,  in  memory  of  my  father, 
“The  William  Thoms  Professorship,”  and  the  residue,  if  any, 
of  the  property  hereby  given  shall  be  applied  to  such  uses  and 
purposes  of  said  university  as  the  directors  thereof  may  from 
time  to  time  provide. 

4.  I appoint  the  chairman  of  the  board  of  directors  of  the 
University  of  Cincinnati,  holding  such  office  at  the  time  of  my 
decease,  executor  of  this  will.  Witness  my  signature. 

October  28,  1873.  M.  H.  THOMS. 

[By  a codicil,  November  11,  1890,  this  bequest  was  slightly  reduced, 
and  William  McAlpin  was  named  as  executor.  The  value  of  the  estate 
thus  given  to  the  university  is  about  $120,000,  the  income  from  which 
is  $6,800  per  annum.] 


432 


Ordinances  of  the  City  of  Cincinnati 


No.  564.  Passed  June  23,  1893. 

To  authorize  the  issue  of  bonds  to  provide  for  the  building-  and  the 
apparatus  necessary  for  the  University  of  Cincinnati. 

Be  it  ordained  by  the  Board  of  Legislatiofi  of  Cincinnati: 

Sec.  1.  That  pursuant  to  the  power  conferred  by  the  act 
of  April  27,  1872  (69  O.  E.  164),  as  amended  April  20,  1893, 
to  authorize  the  issue  of  bonds  to  provide  for  the  building  and 
apparatus  necessary  for  the  University  of  Cincinnati,  an  issue 
of  one  hundred  thousand  dollars  in  bonds  of  the  city  is  hereby 
authorized  and  ordered. 

Said  bonds  shall  be  dated  July  1,  1893,  and  be  payable 
twenty-five  years  from  date  ; they  shall  bear  four  per  cent 
per  annum  interest,  payable  in  semi-annual  installments  each 
January  and  July  during  the  life  of  said  bonds. 

Principal  and  interest  shall  be  payable  at  the  American  Ex- 
change National  Bank  of  New  York. 

The  bonds  shall  be  signed  by  the  mayor  and  by  the  auditor, 
and  be  sealed  with  the  seal  of  the  city. 

The  bonds  shall  be  sold  by  the  auditor  in  accordance  with 
Section  2709  of  the  Revised  Statutes  of  Ohio,  and  the  proceeds 
of  said  bonds  shall  be  paid  into  the  city  treasury  and  credited 
to  the  account  of  such  university,  and  be  by  the  said  directors 
applied  to  the  purpose  for  which  said  bonds  shall  be  issued. 

If  any  surplus  remains  unused  at  the  end  of  the  year,  and 
unnecessary  for  said  purpose,  such  surplus  shall  be  applied  by 
said  directors  as  a redemption  fund  for  the  payment  of  so  much 
of  said  issue  of  bonds  as  said  surplus  may  meet. 

No.  160.  Passed  April  4,  1898. 

To  amend  an  ordinance,  No.  1007,  entitled  “An  ordinance  to  amend 
an  ordinance,  No.  653,  entitled  ‘An  ordinance  empowering  the 
Board  of  Administration  to  declare  any  vacant  uninclosed  lot  or 
lots  a nuisance,  and  to  compel  the  owner  or  agent  of  such  lot  or 
lots  to  inclose  the  same  with  a fence.’  ” 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati: 

Sec.  1.  That  Ordinance  No.  1007,  entitled  “An  ordinance 
to  amend  an  ordinance  entitled  ‘An  ordinance  empowering  the 


Ordinances  of  the  City  of  Cincinnati 


433 


Board  of  Administration  to  declare  any  vacant  nninclosed  lot 
or  lots  a nuisance,  and  to  compel  the  owner  or  agents  of  such 
lot  or  lots  within  a certain  boundary  to  inclose  same  with  a 
fence,’  ” passed  November  20,  1895,  be  so  amended  as  to  read 
as  follows  : 

SEC.  2.  That  the  Board  of  Administration  be  and  is  hereby 
empowered  to  declare  any  vacant  or  nninclosed  lot  or  lots  of 
said  city  between  the  Ohio  River  on  the  south,  and  McLean 
Avenue  to  Harrison  Avenue  on  the  west,  and  McMicken  Avenue 
west  of  Kim  Street  and  Clifton  Avenue  east  of  Elm  Street  on 
the  north,  and  Eggleston  Avenue  continued  north  on  Broadway 
on  the  east,  a nuisance,  and  to  compel  the  owner  or  agents  of 
such  lot  or  lots  to  inclose  the  same  with  a fence  ; and  when  the 
Board  of  Administration  has  declared  any  vacant  nninclosed 
lot  or  lots  to  be  a nuisance,  notice  thereof  shall  be  served  upon 
the  owner  thereof  if  he  be  a resident  and  present  in  the  city, 
or  if  he  be  a non-resident  or  absent  from  the  city,  then  upon 
his  agent ; and  if  such  owner  or  agent  shall  have  failed  to 
comply  with  said  notice  within  twenty  days  from  the  day  of 
the  service,  he  shall  be  subject  to  the  penalty  hereinafter 
prescribed. 

SEC.  3.  The  penalty  for  the  failure  to  comply  with  such 
notice  shall  be,  upon  trial  and  conviction  in  the  Police  Court, 
a fine  of  not  less  than  ten  or  more  than  twenty-five  dollars  ; 
and  each  day’s  failure  to  comply  with  such  notice  after  the 
expiration  of  the  twenty  days  from  the  day  of  the  service 
shall  be  deemed  a separate  offense,  and  shall  be  punished 
accordingly. 

SEC.  4.  Said  original  Ordinance  No.  653  be  and  the  same 
is  hereby  repealed. 


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Ordinances  of  the  City  of  Cincinnati 


No.  151.  Passed  December  30,  1891. 

Amending-  an  ordinance  designating  stands  for  hackney  - coaches, 
furniture  - cars,  and  express  - wagons  within  the  corporate  limits 
of  the  City  of  Cincinnati. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati : 

SEC.  1.  That  an  ordinance  known  as  “ordinance  designating 
stands  for  hackney-coaches,  etc.,”  passed  September  26,  1879, 
be  amended  as  follows  : 

SEC.  2.  That  stands  2,  4,  6,  7,  and  10  for  hackney-coaches 
and  Stand  3 for  furniture  - cars  be  and  the  same  are  hereby 
abolished. 

SEC.  3.  That  the  following  be  designated  and  numbered  as 
stands  for  hackney-coaches  : Stand  1,  on  the  west  side  of  Vine 
Street,  from  Fourth  Street  to  Baker  Street ; Stand  2,  on  the 
west  side  of  Central  Avenue,  extending  from  the  first  alley 
south  of  Fourth  Street  to  Third  Street ; Stand  3,  on  the  east 
side  of  Elm  Street,  extending  from  Twelfth  Street  to  a point 
opposite  the  northwest  entrance  to  Washington  Park  ; Stand  4, 
on  south  side  of  Pearl  Street,  east  from  Butler  Street ; Stand  5, 
at  night-time  after  7 p.  m.,  on  Vine  Street,  north  from  Fourth 
Street  to  Liberty  Street,  in  front  of  such  public  houses  and 
places  as  shall  give  permission,  and  in  front  of  all  other  such 
public  houses  and  places  in  the  city  as  shall  give  permission. 

SEC.  4.  That  the  following  stands  be  established  for 
furniture-cars  within  the  city  of  Cincinnati  unto  and  includ- 
ing the  first  day  of  January,  1894  : Stand  1,  on  the  eastern 
half  of  the  middle  of  Pearl  Street,  between  Plum  and  Elm 
streets  ; Stand  2,  on  the  middle  of  Sixth-street  Market-space, 
from  the  east  line  of  Plum  street  to  a point  seventy-five  feet 
east,  except  on  such  days  as  markets  are  held ; Stand  3,  on  the 
north  side  of  canal,  from  Plum  to  Race  Street,  reserving  one 
hundred  and  fifty  feet  in  front  of  the  public-school  building,  at 
northeast  corner  of  Elm  and  Canal  streets  ; Stand  4,  on  the 
north  side  of  the  canal,  between  Jackson  and  Walnut  streets. 

SEC.  5.  That  the  following  stand  be  established  as  a regular 
stand  for  express-wagons  within  the  city  of  Cincinnati:  Stand  1, 


Ordinances  of  the  City  of  Cincinnati 


435 


on  the  west  side  of  Main  Street,  from  seventy-five  feet  north 
of  the  north  curb -line  of  Fifth  Street  and  twenty-five  feet 
south  of  the  south  line  of  Patterson  Alley. 

No.  740.  Passed  February  9,  1894. 

Designating:  a stand  for  furniture  - cars  within  the  corporate  limits 
of  the  City  of  Cincinnati. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati : 

SEC.  1.  That  the  following  be  designated  as  a stand  for 
furniture-cars  in  the  city  of  Cincinnati,  to-wit : the  middle  of 
Pearl  Street,  between  Plum  and  Elm  streets. 

No.  254.  Passed  December  27,  1898. 

Amending  an  ordinance  to  license  and  regulate  vehicles  for  hire, 
etc.,  passed  December  5,  1856,  as  amended  January  8,  1892,  and 
April  1,  1892. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati : 

SEC.  1.  That  sections  2 and  3 of  an  ordinance  to  license 
and  regulate  vehicles  for  hire,  etc.,  passed  December  5,  1856, 
and  amended  January  8,  1892,  and  April  1,  1892,  be  amended 
to  read  as  follows  : 

SEC.  2.  Each  hackney-coach,  cab,  or  other  vehicle  used 
for  hire  shall  be  provided  with  but  one  driver  at  one  and  the 
same  time,  and  it  shall  be  unlawful  for  any  other  person  than 
such  driver  for  the  time  being  to  solicit  passengers  or  employ- 
ment for  such  hackney-coach,  cab,  or  vehicle  used  for  hire. 
Each  such  driver  of  any  hackney-coach,  cab,  or  vehicle  used 
for  hire  shall  be  provided  with  a license,  as  required  by  law, 
and  shall  wear  in  a conspicuous  place  upon  his  person  at  all 
times  when  engaged  in  such  employment  a metal  badge,  fur- 
nished or  to  be  furnished  by  the  city  auditor,  having  plainly 
printed,  painted,  stamped,  or  engraved  thereon  a number  cor- 
responding to  that  of  the  license,  the  year  for  which  said  license 
was  issued,  and  the  words  “ Cincinnati  Hackman,”  and  it  shall 
be  unlawful  for  any  person  not  the  driver  of  such  hackney- 
coach,  cab,  or  vehicle  used  for  hire  to  wear  such  badge.  It 


436 


Ordinances  of  the  City  of  Cincinnati 


shall  be  the  duty  of  the  city  auditor  to  keep  a record  of  the 
name  and  residence  of  each  driver  to  whom  such  badge  is 
given.  It  shall  be  unlawful  for  the  driver  of  any  hackney- 
coach,  cab,  or  other  vehicle  used  for  hire,  while  at  any  public 
stand,  railroad  station  or  steamboat  wharf,  or  any  other  public 
place,  waiting  to  be  employed,  to  use  profane,  abusive,  or 
indecorous  language,  or  utter  loud  cries  or  calls,  or  scuffle  or 
crowd  about,  or  interfere  with  any  driver  of  any  vehicle  for 
hire  with  whom  any  person  may  be  negotiating  for  the  trans- 
portation of  himself  or  baggage.  No  driver  shall  make  use 
of  any  false  representations  whereby  a passenger  shall  be 
induced  to  pay  more  than  lawful  rate  of  fare. 

SEC.  3.  Any  person  offending  against  any  of  the  provi- 
sions of  this  ordinance  shall,  on  conviction  thereof  in  the 
Police  Court,  be  fined  not  more  than  ten  dollars,  together 
with  costs  of  prosecution. 

[Note. — Sections  1,2, 3, 4, 5, 6,  and  16  of  “An  ordinance  to  license 
and  regulate  vehicles  for  hire,  etc.,”  passed  December  5,  1856  (see 
Coppock  & Hertenstein),  have  been  repealed  by  Ordinance  No.  241, 
passed  April  1,  1892.] 


No.  7.  Passed  May  4,  1903. 

To  reg'ulate  the  use  of  vehicles  drawn  by  horses,  mules,  and  other 
beasts  of  burden  upon  the  streets  of  the  city,  and  to  license  the 
same. 

♦ 

Be  it  ordained  by  the  Council  of  the  City  of  Cincinnati , State  of  Ohio : 

Sec.  1.  All  persons,  firms,  or  corporations  using  any 
vehicles  drawn  by  horses,  mules,  or  other  beasts  of  burden  on 
the  streets  of  the  city  shall  pay  annual  license  fees  upon  all 
such  vehicles  as  follows  : 

For  each  sulky,  three  dollars  ; 

For  each  cab  or  hack,  five  dollars  ; 

For  each  buggy  or  private  carriage,  three  dollars  ; 
For  each  hotel  coach  or  carriage,  seven  dollars  ; 

For  each  furniture-car,  ten  dollars  ; 

For  each  two-horse  omnibus,  seven  dollars ; 


Ordinances  of  the  City  of  Cincinnati 


437 


For  each  four-horse  omnibus,  ten  dollars  ; 

For  each  six-horse  omnibus,  fifteen  dollars  ; 

For  each  cart  drawn  by  one  horse,  three  dollars  ; 

For  each  cart  drawn  by  two  horses,  ten  dollars  ; 

For  each  wagon  (with  springs)  drawn  by  one  horse, 
three  dollars  ; 

For  each  wagon  (with  springs)  drawn  by  two  horses, 
seven  dollars  ; 

For  each  wagon  (with  springs)  drawn  by  three  horses, 
ten  dollars  ; 

For  each  wagon  (with  springs)  drawn  by  four  horses, 
fourteen  dollars  ; 

For  each  wagon  (with  springs)  drawn  by  six  horses, 
eighteen  dollars  ; 

For  each  wagon,  dray,  truck,  or  drag  (without  springs) 
drawn  by  one  horse,  three  dollars  ; 

For  each  wagon,  dray,  truck,  or  drag  (without  springs) 
drawn  by  two  horses,  ten  dollars  ; 

For  each  wagon,  dray,  truck,  or  drag  (without  springs) 
drawn  by  three  horses,  twelve  dollars  ; 

For  each  wagon,  dray,  truck,  or  drag  (without  springs) 
drawn  by  four  horses,  fifteen  dollars  ; 

For  each  wagon,  dray,  truck,  or  drag  (without  springs) 
drawn  by  six  or  more  horses,  twenty  dollars. 

Provided  that  none  of  the  provisions  of  this  ordinance  shall  be 
held  to  apply  to  farmers  marketing  the  products  of  their  farm  ; 
nor  shall  farmers  be  liable  for  vehicles  or  any  license  whatever 
for  marketing,  selling,  hawking,  or  peddling  the  products  of 
their  farms,  or  for  hauling  any  produce  into  or  from  the  city 
to  the  country,  nor  shall  the  provisions  of  this  ordinance  be 
held  to  apply  to  gardeners,  fruit-growers,  or  florists  ; and  pro- 
vided further  that  the  city  auditor  shall  have  authority  to  issue 
license  for  the  unexpired  fraction  of  any  year,  upon  receiving 
satisfactory  evidence  that  the  vehicle  sought  to  be  licensed  lias 
not  been  in  use  at  any  time  during  the  current  year  prior  to 
the  time  of  making  application  for  such  license.  Dairymen 


438 


Ordinances  of  the  City  of  Cincinnati 


living  without  said  city  shall  pay  license  fees  upon  their 
vehicles  used  upon  the  streets  of  the  city  as  follows  : 

For  each  one-horse  wagon,  three  dollars  ; 

For  each  two-horse  wagon,  five  dollars  ; 

For  each  three-  or  four-horse  wagon,  ten  dollars. 

Sec.  2.  All  money  received  for  license  fees  under  this  ordi- 
nance shall  be  placed  to  the  credit  of  the  street-repair  fund. 

SEC.  3.  All  persons  or  firms  using  any  vehicle,  except 
cabs,  hacks,  sulkies,  buggies,  and  carriages,  upon  the  streets 
of  the  city,  for  which  annual  license  fees  are  required  to  be 
paid,  shall  exhibit  in  a conspicuous  place  upon  the  left  side  of 
each  vehicle,  or  upon  the  left  side  of  the  harness  of  an  animal 
attached  to  the  same,  a metal-plate  sign,  furnished  or  to  be 
furnished  by  the  city  auditor,  indicating  the  year  for  which 
such  license  has  been  taken  and  the  number  and  character  of 
such  license. 

SEC.  4.  The  city  auditor  is  hereby  required  to  furnish  with 
every  license  issued  for  every  such  vehicle  used  upon  the 
streets  of  the  city  one  metal-plate  sign  having  printed,  painted, 
or  stamped  thereon  the  year  for  which  such  license  has  been 
taken  out,  together  with  the  character  and  number  of  the  same. 

Sec.  5.  Any  person  who  shall  violate  any  of  the  provisions 
of  this  act  shall  be  deemed  guilty  of  a misdemeanor,  and  upon 
conviction  thereof  shall  be  punished  by  a fine  of  not  more  than 
fifty  dollars. 

SEC.  6.  It  shall  be  the  duty  of  the  police  or  other  officer 
clothed  with  police  powers  to  enforce  the  provisions  of  this 
ordinance. 

No.  330.  Passed  July  10,  1899. 

To  amend  an  ordinance  entitled  “An  ordinance,  No.  304,  to  prevent 
the  driving:  of  teams  or  vehicles  in  the  City  of  Cincinnati  by  any 
person  under  the  age  of  eighteen  years.” 

Be  it  or  darned  by  the  Board  of  Legislation  of  Cincinnati : 

Sec.  1.  That  Ordinance  No.  304,  entitled  “An  ordinance 
to  prevent  the  driving  of  teams  or  vehicles  in  the  city  of 


Ordinances  of  the  City  of  Cincinnati 


439 


Cincinnati  by  any  person  under  the  age  of  eighteen  years,” 
be  amended  so  as  to  read  as  follows  : That  it  shall  be  unlaw- 
ful for  any  corporation,  firm,  or  person  to  employ  any  one 
under  the  age  of  eighteen  years  to  drive  a horse  or  a team 
of  horses  attached  to  any  vehicle  upon  any  of  the  streets, 
avenues,  alleys,  or  any  other  public  place  or  highway  in  the 
city  of  Cincinnati. 

SEC.  2.  Any  corporation,  firm,  or  person  found  guilty  of 
violating  the  provisions  of  this  ordinance  shall  on  conviction 
thereof  be  fined  in  any  sum  not  exceeding  twenty-five  dollars 
and  the  costs  of  prosecution. 

Sec.  3.  All  ordinances  or  parts  of  ordinances  in  conflict 
herewith  are  hereby  repealed. 

No.  752.  Passed  February  16,  1894. 

To  regulate  travel  on  the  Eighth-street  Viaduct. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati: 

SEC.  1.  That  no  person  or  persons  shall  be  permitted  to 
drive  on  or  over  the  Eighth-street  Viaduct  with  any  vehicle  or 
conveyance  for  freight,  merchandise,  or  other  substance  carry- 
ing two  thousand  pounds  or  over  in  weight ; and  no  vehicle  or 
conveyance,  empty  or  loaded,  drawn  by  more  than  two  horses 
or  mules,  shall  be  permitted  to  drive  on  or  over  the  said  Eighth- 
street  Viaduct. 

SEC.  2.  That  no  person  shall  drive  or  assist  in  driving  on 
or  over  said  viaduct  any  cattle,  horses,  mules,  sheep,  or  swine 
in  a drove. 

Sec.  3.  No  person  or  persons  shall  unnecessarily  or  will- 
fully remain  or  stop  with  any  vehicle,  street  car,  or  other 
conveyance  of  any  description  whatever  upon  said  viaduct  or 
on  the  approaches  to  the  same. 

Sec.  4.  No  person  shall  cross  or  attempt  to  cross  or  break 
into  the  lines  of  teams  or  street  cars  or  other  vehicles  driving 
on  or  over  said  viaduct,  nor  shall  any  person  disobey  or  resist 
any  officer  in  charge  of  said  viaduct. 


440 


Ordinances  of  the  City  of  Cincinnati 


SEC.  5.  No  person  or  persons  shall  gather  in  assemblage 
or  crowds  on  said  viaduct  or  the  approaches  leading  to  the 
same,  or  be  and  remain  upon  any  of  the  sidewalks  or  passages 
thereof  longer  than  will  be  necessary  to  pass  over  the  same. 

SEC.  6.  Drivers  or  persons  in  charge  of  any  vehicle  or 
conveyance  of  any  kind  shall  keep  to  the  right,  leaving  the 
railways  free  for  the  cars  to  pass  over,  when  passing  over 
said  viaduct. 

Sec.  7.  Any  person  or  persons  violating  any  of  the  pro- 
visions of  this  ordinance  shall  upon  conviction  thereof  be  fined 
in  any  sum  not  less  than  five  nor  more  than  twenty-five  dollars 
for  each  offense. 

SEC.  8.  That  the  ordinance,  No.  701,  entitled  “An  ordi- 
nance to  regulate  travel  on  the  Eighth-street  Viaduct,”  passed 
December  22,  1893,  be  and  the  same  is  hereby  repealed. 

No.  789.  Passed  February  17,  1902. 

To  reg-ulate  travel  in  Lawson  Alley,  between  Fourth  Street  and 
Fifth  Street. 

Whereas , Lawson  Alley,  between  Fourth  Street  and  Fifth 
Street,  is  not  of  sufficient  width  to  permit  wagons  to  pass 
each  other  in  said  alley  ; and 

Whereas , Teams  entering  opposite  ends  of  the  alley  at  or 
about  the  same  time  meet  in  the  alley,  and  being  unable  to 
pass,  disputes  arise  as  to  the  right  of  way  : 

Therefore , In  order  to  regulate  travel  in  this  alley  and 
prevent  disputes  about  the  right  of  way,  be  it  ordained  by  the 
Board  of  Legislation  of  the  city  of  Cincinnati  : 

Sec.  1.  That  all  vehicles,  or  teams  with  or  without  vehi- 
cles attached,  desiring  to  use  said  alley  shall  enter  the  same 
at  the  north  or  Fifth-street  end,  and  that  no  vehicles,  or  teams 
with  or  without  vehicles  attached,  shall  be  permitted  to  enter 
said  alley  from  the  south  or  Fourth-street  end  of  the  alley. 

SEC.  2.  Any  person  or  persons  violating  the  provisions  of 
this  ordinance  shall  be  deemed  guilty  of  a misdemeanor,  and 


Ordinances  of  the  City  of  Cincinnati 


441 


shall  upon  conviction  be  fined  in  the  Police  Court  of  Cincin- 
nati not  more  than  ten  dollars  nor  less  than  five  dollars  for 
each  offense. 

SEC.  3.  All  ordinances  or  parts  of  ordinances  heretofore 
passed  conflicting  herewith  be  and  the  same  are  hereby  re- 
pealed. 

No.  996.  Passed  December  22,  1902. 

To  subdivide  the  City  of  Cincinnati  into  wards. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati : 

Sec.  1.  That  in  pursuance  of  the  authority  conferred  and 
duty  imposed  upon  this  board  by  an  act  entitled  “An  act  to 
provide  for  the  organization  of  cities  and  incorporated  villages, 
and  to  restrict  their  powers  of  taxation,  assessment,  borrowing 
money,  contracting  debts,  and  loaning  their  credit,  so  as  to 
prevent  the  abuse  of  such  powers,  as  required  by  the  Constitu- 
tion of  Ohio,  and  to  repeal  all  sections  of  the  Revised  Statutes 
inconsistent  herewith,”  passed  by  the  General  Assembly  of 
Ohio  in  extraordinary  session  on  the  22d  day  of  October,  1902, 
the  city  of  Cincinnati  be  and  is  hereby  subdivided  into  twenty- 
four  wards,  which  are  equal  in  number  to  the  members  of 
Council  who  are  hereafter  to  be  elected  from  wards  in  this  city 
as  provided  for  in  said  act,  and  said  twenty-four  wards  are 
hereby  created  and  established  in  this  city,  and  the  boundaries 
thereof  shall  be  such  as  are  hereinafter  set  forth,  which  boun- 
daries are  so  fixed  as  that  each  ward  shall  contain  as  nearly  as 
practicable  an  equal  number  of  inhabitants. 

Sec.  2.  That  the  boundaries  of  the  wards  shall  be  as 
follows  : 

First  Ward — The  First  Ward  shall  include  and  contain  all 
that  territory  bounded  as  follows,  to-wit : Beginning  at  the 
junction  of  Ferry  Street  and  the  Ohio  River ; thence  north- 
wardly on  Ferry  Street  to  Eastern  Avenue  ; thence  east  on 
Eastern  Avenue  to  Collins  Avenue ; thence  north  on  Collins 
Avenue  to  Columbia  Avenue  ; thence  east  on  Columbia  Avenue 


442 


Ordinances  of  the  City  of  Cincinnati 


to  Torrence  Road  ; thence  northwardly  on  Torrence  Road  to 
Grandin  Road  ; thence  northwest  on  Grandin  Road  to  the 
Madison  Road ; thence  northeast  on  the  Madison  Road  to 
the  north  corporation  line  of  the  city ; thence  east  on  the 
north  corporation  line  of  the  city  to  the  Little  Miami  River ; 
thence  south  on  the  Little  Miami  River  to  the  south  line  of 
Section  IB,  Spencer  Township,  being  the  south  corporation 
line  of  the  city ; thence  westwardly  along  the  southerly  cor- 
poration line  of  the  city  to  the  Turkey-Bottom  Road;  thence 
following  the  southerly  corporation  line  of  the  city  on  the 
Turkey -Bottom  Road  to  Davis  Lane;  thence  northwest  on 
Davis  Lane  to  the  Longworth  south  line ; thence  southwest 
along  the  dividing  line  between  Longworth,  Stump  and  Wade 
to  Kellogg  Avenue ; thence  northwest  on  Kellogg  Avenue  to 
the  dividing  line  between  Holbrook  and  Hosea;  thence  south- 
west along  said  line  and  a continuation  thereof  to  the  Ohio 
River;  thence  down  the  Ohio  River  to  Ferry  Street,  the  place 
of  beginning. 

Second  Ward — The  Second  Ward  shall  include  and  contain 
all  that  territory  bounded  as  follows,  to-wit : Beginning  at  the 

intersection  of  Blair  Avenue  and  the  east  line  of  the  Richard 
Beresford  subdivision  ; thence  south  on  the  east  line  of  the 
subdivisions  of  Richard  Beresford  and  Thomas  French  to 
Melbourne  Avenue  ; thence  west  to  the  northwest  corner  of  the 
subdivision  of  the  George  Mathers  estate  ; thence  south  on  the 
west  line  of  said  subdivision  and  the  tracks  of  the  Cincinnati, 
Lebanon  & Northern  Railroad  to  the  southwest  corner  of  the 
subdivision  of  George  Mathers  estate,  said  corner  being  145  feet 
south  of  Whittier  Street ; thence  southeasterly  along  the  south 
line  of  said  subdivision  and  along  Altoona  Street  to  old  Gilbert 
Avenue  extended  ; thence  north  on  old  Gilbert  Avenue  about 
100  feet  to  the  south  line  of  Lot  9 of  the  subdivision  of  the 
George  Mathers  estate  ; thence  southeasterly  along  the  south 
line  of  Lot  9,  being  the  south  line  of  the  subdivision  of  said 
estate,  and  the  north  line  of  the  old  Two -mile  House  lot, 
formerly  owned  by  Alfred  Mathers,  and  continuing  in  the  same 


Ordinances  of  the  City  of  Cincinnati 


443 


direction  along  the  southwest  side  of  Lot  1 of  said  subdivision, 
and  easterly  along  the  south  line  of  said  lot  to  the  German 
Protestant  Cemetery ; thence  south  on  the  west  line  of  said 
cemetery  to  the  south  line  of  said  cemetery  ; thence  east  on  the 
south  line  of  said  cemetery  to  the  east  line  of  Section  8;  thence 
south  on  said  section  line  and  on  Ashland  Avenue  to  McMillan 
Street ; thence  west  to  Kemper  Lane ; thence  southerly  on 
Kemper  Lane  to  Eastern  Avenue ; thence  northeast  to  Crane 
Street ; thence  east  to  the  Ohio  River ; thence  northeasterly  to 
PAerry  Street;  thence  northwardly  on  Ferry  Street  to  Eastern 
Avenue ; thence  east  on  Eastern  Avenue  to  Collins  Avenue ; 
thence  north  on  Collins  Avenue  to  Columbia  Avenue  ; thence 
east  on  Columbia  Avenue  to  Torrence  Road ; thence  north- 
wardly on  Torrence  Road  to  Grandin  Road  ; thence  northwest 
to  Madison  Road  ; thence  northeast  to  north  corporation  line  ; 
thence  west  on  the  north  corporation  line  and  Blair  Avenue 
to  the  east  line  of  the  subdivision  of  Richard  Beresford,  the 
place  of  beginning. 

Third  Ward — The  Third  Ward  shall  include  and  contain 
all  that  territory  bounded  as  follows,  to-wit  : Beginning  at  the 
intersection  of  Omaha  Street  and  the  C.  L.  & N.  Railroad  ; 
thence  east  to  Stanton  Avenue ; thence  north  on  Stanton 
Avenue  and  the  half  section  line  of  Section  8 running  north 
and  south  to  the  southwest  corner  of  the  subdivision  of  the 
George  Mathers  estate,  said  corner  being  145  feet  south  of 
Whittier  Street ; thence  southeasterly  along  the  south  line  of 
said  subdivision  and  along  Altoona  Street  to  old  Gilbert  Avenue 
extended  ; thence  north  on  old  Gilbert  Avenue  about  100  feet 
to  the  south  line  of  Lot  9 of  the  subdivision  of  the  George 
Mathers  estate;  thence  southeasterly  along  the  south  line  of 
Lot  9,  being  the  south  line  of  the  subdivision  of  said  estate  and 
the  north  line  of  the  old  Two-mile  House  lot,  formerly  owned 
by  Alfred  Mathers,  and  continuing  in  the  same  direction  along 
the  southwest  side  of  Lot  1 of  said  subdivision  and  easterly  along 
the  south  line  of  said  lot  to  the  German  Protestant  Cemetery; 
thence  south  along  the  west  line  of  said  cemetery  to  the  south 


444 


Ordinances  of  the  City  of  Cincinnati 


line  of  the  cemetery ; thence  east  along  the  south  line  to  the 
east  line  of  Section  8 ; thence  south  along  the  east  line  of 
Section  8 and  on  Ashland  Avenue  to  McMillan  Street ; thence 
west  to  Kemper  Lane  ; thence  south  and  southeast  to  the  inter- 
section with  the  boundary  line  of  Eden  Park  ; thence  southwest 
along  the  boundary  line  of  Eden  Park  to  the  south  line  of 
Section  7 ; thence  west  on  the  south  line  of  Section  7 and  the 
line  of  Liberty  Street  to  the  west  line  of  Section  7 ; thence 
north  on  the  west  line  of  Section  7 and  on  Burnet  Avenue  to 
Dorchester  Avenue ; thence  east  on  Dorchester  and  Florence 
avenues  to  Symmes  Street ; thence  north  on  Symmes  Street  to 
Manitou  Street ; thence  east  on  Manitou  Street  to  Marquis 
Street ; thence  north  on  Marquis  Street  to  McMillan  Street ; 
thence  east  on  McMillan  Street  to  May  Street ; thence  north 
on  May  Street  to  Oak  Street ; thence  northwardly  along  the 
C.  L.  & N.  Railroad  to  the  place  of  beginning. 

Fourth  Ward — The  Fourth  Ward  shall  include  and  contain 
all  that  territory  bounded  as  follows,  to-wit : Beginning  at  the 
intersection  of  Eggleston  Avenue  and  the  Ohio  River ; thence 
northwest  on  Eggleston  Avenue  to  Court  Street ; thence  east 
on  Court  Street  to  Gilbert  Avenue ; thence  northeast  on  Gilbert 
Avenue  to  the  south  line  of  Section  7 ; thence  east  on  said 
section  line  to  the  southeastern  boundary  line  of  Eden  Park  ; 
thence  on  the  southeastern  boundary  line  of  Eden  Park  to 
Kemper  Lane ; thence  on  Kemper  Lane  to  Eastern  Avenue ; 
thence  on  Eastern  Avenue  to  Crane  Street ; thence  east  on 
Crane  Street  to  the  Ohio  River;  thence  southwest  with  the 
Ohio  River  to  Eggleston  Avenue,  the  place  of  beginning. 

Fifth  Ward — The  Fifth  Ward  shall  include  and  contain  all 
that  territory  bounded  as  follows,  to-wit : Beginning  at  the 

intersection  of  Sycamore  Street  and  Court  Street ; thence  east 
on  Court  Street  to  Gilbert  Avenue ; thence  north  on  Gilbert 
Avenue  to  the  south  line  of  Section  7 ; thence  west  on  the 
south  line  of  Section  7 and  Liberty  Street  to  Clay  Street ; 
thence  south  on  Clay  Street  to  Allison  Street ; thence  east  on 
Allison  Street  to  Main  Street ; thence  south  on  Main  Street  to 


Ordinances  of  the  City  of  Cincinnati 


445 


Thirteenth  Street ; thence  west  on  Thirteenth  Street  to  Seegar 
Alley  ; thence  south  on  Seegar  Alley  to  Twelfth  Street ; thence 
east  on  twelfth  Street  to  Walnut  Street ; thence  south  on 
Walnut  Street  to  the  Miami  Canal ; thence  east  along  the  Miami 
Canal  to  Sycamore  Street ; thence  south  on  Sycamore  Street  to 
Court  Street,  the  place  of  beginning. 

Sixth  Ward — The  Sixth  Ward  shall  include  and  contain 
all  that  territory  bounded  as  follows,  to-wit  : Beginning  at  the 
intersection  of  Fifth  and  Race  streets  ; thence  north  on  Race 
Street  to  Seventh  Street ; thence  west  on  Seventh  Street  to 
Central  Avenue  ; thence  north  on  Central  Avenue  to  Twelfth 
Street ; thence  east  on  Twelfth  Street  to  Walnut  Street ; thence 
south  on  Walnut  Street  to  the  canal  ; thence  east  along  the 
canal  to  Sycamore  Street ; thence  south  on  Sycamore  Street 
to  Court  Street ; thence  east  on  Court  Street  to  Eggleston 
Avenue  ; thence  south  on  Eggleston  Avenue  to  Sixth  Street ; 
thence  west  on  Sixth  Street  to  Broadway  ; thence  south  on 
Broadway  to  Fifth  Street ; thence  west  on  Fifth  Street  to  Race 
Street,  the  place  of  beginning. 

Seventh  Ward — The  Seventh  Ward  shall  include  and  con- 
tain all  that  territory  bounded  as  follows,  to-wit : Beginning 
at  the  intersection  of  Twelfth  Street  and  Central  Avenue ; 
thence  north  on  Central  Avenue  to  Eiberty  Street ; thence 
east  on  Eiberty  Street  to  Clay  Street  ; thence  south  on  Clay 
Street  to  Allison  Street ; thence  east  on  Allison  Street  to  Main 
Street ; thence  south  on  Main  Street  to  Thirteenth  Street  ; 
thence  west  on  Thirteenth  Street  to  Seegar  Alley  ; thence  south 
on  Seegar  Alley  to  Twelfth  Street ; thence  west  on  Twelfth 
Street  to  Central  Avenue,  the  place  of  beginning. 

Eighth  Ward — The  Eighth  Ward  shall  include  and  contain 
all  that  territory  bounded  as  follows,  to-wit  : Beginning  at  the 
intersection  of  John  Street  and  the  Ohio  River  ; thence  north 
on  John  Street  to  Third  Street ; thence  east  on  Third  Street 
to  Race  Street ; thence  north  on  Race  Street  to  Fifth  Street ; 
thence  east  on  Fifth  Street  to  Broadway ; thence  north  on 
Broadway  to  Sixth  Street ; thence  east  on  Sixth  Street  to 


446 


Ordinances  of  the  City  of  Cincinnati 


Eggleston  Avenue  ; thence  south  on  Eggleston  Avenue  extended 
to  the  Ohio  River  ; thence  west  along  the  Ohio  River  to  John 
Street,  the  place  of  beginning. 

Ninth  Ward — The  Ninth  Ward  shall  include  and  contain 
all  that  territory  bounded  as  follows,  to-wit : Beginning  at  the 
intersection  of  Liberty  Street  and  the  west  line  of  Section  7; 
thence  north  on  the  west  line  of  Section  7 to  the  intersection  of 
Dorchester  Avenue  ; thence  eastwardly  on  Dorchester  Avenue 
and  Florence  Avenue  to  Symmes  Street ; thence  north  on 
Symmes  Street  to  Manitou  Street ; thence  east  on  Manitou 
Street  to  Marquis  Street ; thence  north  on  Marquis  Street 
to  McMillan  Street ; thence  east  on  McMillan  Street  to  May 
Street ; thence  north  on  May  Street  to  Oak  Street ; thence 
northwardly  along  the  Cincinnati,  Lebanon  & Northern  Rail- 
road to  the  half  section  line  dividing  Section  8 ; thence  west 
on  said  half  section  line  to  Burnet  Avenue  ; thence  south  on 
Burnet  Avenue  to  McMillan  Street ; thence  west  on  McMillan 
Street  to  Main  Street  continued  ; thence  south  on  Main  Street 
continued  and  Main  Street  to  Saunders  Street ; thence  east  on 
Saunders  Street  to  Auburn  Avenue  ; thence  west  and  south 
on  Sycamore  Avenue  to  Mulberry  Street ; thence  west  on  Mul- 
berry Street  to  Main  Street ; thence  south  on  Main  Street  to 
Liberty  Street ; thence  east  on  Liberty  Street  to  the  west  line 
of  Section  7,  the  place  of  beginning. 

Tenth  Ward — The  Tenth  Ward  shall  include  and  contain 
all  that  territory  bounded  as  follows,  to-wit : Beginning  at  the 
intersection  of  Pleasant  and  Liberty  streets  ; thence  east  on 
Liberty  Street  to  Main  Street ; thence  north  on  Main  Street  to 
Mulberry  Street ; thence  east  on  Mulberry  Street  to  Sycamore 
Avenue  ; thence  north  and  east  on  Sycamore  Avenue  to  Saun- 
ders Street ; thence  west  on  Saunders  Street  to  Main  Street ; 
thence  north  on  Main  Street  and  the  continuation  thereof  to 
McMillan  Street ; thence  west  on  McMillan  Street  to  Vine 
Street ; thence  south  on  Vine  Street  to  Findlay  Street ; thence 
west  on  Findlay  Street  to  Race  Street ; thence  south  on  Race 
Street  to  Green  Street ; thence  west  on  Green  Street  to  Pleasant 


Ordinances  of  the  City  of  Cincinnati 


447 


Street ; thence  south  on  Pleasant  Street  to  Liberty  Street,  the 
place  of  beginning. 

Eleventh  Ward — The  Eleventh  Ward  shall  include  and  con- 
tain all  that  territory  bounded  as  follows,  to-wit  : Beginning 
at  the  intersection  of  Findlay  Street  with  the  Miami  and  Erie 
Canal  ; thence  east  on  Findlay  Street  to  Vine  Street ; thence 
north  on  Vine  Street  to  Polk  Street;  thence  west  on  Polk 
Street  and  Conklin  Street  to  Ohio  Avenue  ; thence  north  on 
Ohio  Avenue  to  a point  on  a line  opposite  Warner  Street ; 
thence  west  on  said  line  and  Warner  Street  to  Victor  Street ; 
thence  north  on  Victor  Street  to  McMillan  Street ; thence 
west  on  McMillan  Street  to  Ravine  Street ; thence  north  on 
Ravine  Street  to  Straight  Street ; thence  west  on  Straight 
Street  to  Wagner  Street ; thence  north  on  Wagner  Street  ex- 
tended to  Dixmyth  Avenue;  thence  west  on  Dixmyth  Avenue 
to  the  Miami  and  Erie  Canal  ; thence  south  along  said  canal 
to  Baymiller  Street ; thence  south  on  Baytniller  Street  to  Bank 
Street;  thence  east  on  Bank  Street  to  Whiteman  Street;  thence 
south  on  Whiteman  Street  to  Dayton  Street ; thence  east  on 
Dayton  Street  to  the  Miami  and  Erie  Canal  ; thence  south - 
eastwardly  along  said  canal  to  Findlay  Street,  the  place  of 
beginning. 

Twelfth  Ward — The  Twelfth  Ward  shall  include  and  con- 
tain all  that  territory  bounded  as  follows,  to-wit : Beginning 
at  the  intersection  of  Victor  and  Warner  Streets  ; thence  east 
on  Warner  Street  extended  to  Ohio  Avenue ; thence  south  on 
Ohio  Avenue  to  Conklin  Street ; thence  east  on  Conklin  Street 
and  Polk  Street  to  Vine  Street ; thence  north  on  Vine  Street 
to  McMillan  Street ; thence  east  on  McMillan  Street  to  Burnet 
Avenue  ; thence  north  on  Burnet  Avenue  to  the  north  line  of 
Section  14,  Millcreek  Township  ; thence  west  on  said  north 
line  to  Clifton  Avenue  ; thence  south  on  Clifton  Avenue  to 
Dixmyth  Avenue ; thence  west  on  Dixmyth  Avenue  to  Wagner 
Street  extended ; thence  south  on  said  extension  and  Wagner 
Street  to  Straight  Street ; thence  east  on  Straight  Street  to 
Ravine  Street ; thence  south  on  Ravine  Street  to  McMillan 


448 


Ordinances  of  the  City  of  Cincinnati 


Street ; thence  east  on  McMillan  Street  to  Victor  Street ; 
thence  south  on  Victor  Street  to  Warner  Street,  the  place 
of  beginning. 

Thirteenth  Ward — The  Thirteenth  Ward  shall  include  and 
contain  all  that  territory  bounded  as  follows,  to-wit : Begin- 

ning at  the  intersection  of  the  south  line  of  St.  John’s  Catholic 
Cemetery  and  the  Carthage  Pike  ; thence  south  on  the  Carthage 
Pike  to  the  north  line  of  Section  15 ; thence  east  on  the  north 
lines  of  sections  15  and  9 to  a point  220  feet  west  of  the  Read- 
ing Road  ; thence  northeast  on  a line  dividing  lots  33  to  39  and 
23  to  30  of  Rose-Hill  subdivision  to  the  Paddock  Road  ; thence 
northwest  on  Paddock  Road  to  Blachly  Road  ; thence  northeast 
on  Blachly  Road  and  east  to  the  line  that  divides  lots  23  and 
22  and  20  and  21  of  Joseph  W.  Blachly’s  subdivision ; thence 
south  on  said  line  to  the  Reading  Road  ; thence  southwest 
on  the  Reading  Road  to  Hopkins  Avenue;  thence  east  on 
Hopkins  Avenue  to  Woodburn  Avenue ; thence  south  on 
Woodburn  Avenue  to  the  north  line  of  Section  3,  Columbia 
Township ; thence  west  to  a point  208  feet  west  of  Woodburn 
Avenue ; thence  south  to  Langdon  Avenue ; thence  west  to  the 
east  line  of  Section  9,  Millcreek  Township ; thence  south  on 
said  section  line  to  the  south  line  of  Section  9 ; thence  west  on 
the  section  line  and  Blair  Avenue  to  the  northeast  corner  of  the 
Richard  Beresford  subdivision  ; thence  south  on  the  east  line 
of  the  Richard  Beresford  subdivision  and  Thomas  French 
subdivision  to  the  southeast  corner  of  the  Thomas  French 
subdivision  ; thence  west  along  the  Thomas  French  subdi- 
vision line,  and  being  the  north  line  of  Melbourne  Street,  to 
the  east  line  of  Donaldson  subdivision,  being  the  half  section 
line  dividing  Section  8,  running  from  north  to  south  ; thence 
south  along  the  line  of  Donaldson  and  others  to  the  south- 
east corner  of  Thomas  McGechin  subdivision  in  the  line  of 
Staunton  Avenue,  which  is  also  the  half  section  line  dividing 
Section  8,  running  east  and  west ; thence  west  on  said  half 
section  line  between  lots  formerly  owned  by  Thomas  Hemming 
and  A.  H.  Ewing  to  the  north  line  of  the  property  formerly 


Ordinances  of  the  City  of  Cincinnati 


449 


the  Methodist  Protestant  Cemetery,  now  Vernon  Place  subdivi- 
sion ; thence  along  said  north  line  to  Burnet  Avenue  ; thence 
north  on  Bnrnet  avenue  to  the  south  line  of  Section  15 ; 
thence  west  on  the  south  line  of  Section  15  to  Clifton 
Avenue  ; thence  south  on  Clifton  Avenue  to  Dixmyth  Ave- 
nue ; thence  west  on  Dixmyth  Avenue  to  the  Miami  and 
Brie  Canal ; thence  northwesterly  and  northeasterly  along 
the  Miami  and  Brie  Canal  to  the  south  line  of  St.  John’s 
Catholic  Cemetery ; thence  east  to  the  Carthage  Pike,  the 
place  of  beginning. 

Fourteenth  Ward  — The  Fourteenth  Ward  shall  include 
and  contain  all  that  territory  bounded  as  follows,  to  - wit : 
Beginning  at  the  intersection  of  Baymiller  and  Wade  streets ; 
thence  east  on  Wade  Street  to  Finn  Street ; thence  north  on 
Finn  Street  to  Fiberty  Street ; thence  east  on  Fiberty  Street 
to  Pleasant  Street ; thence  north  on  Pleasant  Street  to  Green 
Street ; thence  east  on  Green  Street  to  Race  Street ; thence 
north  on  Race  Street  to  Findlay  Street ; thence  west  on  Find- 
lay Street  to  the  Miami  and  Brie  Canal ; thence  northwest- 
wardly along  said  canal  to  Dayton  Street ; thence  west  on 
Dayton  Street  to  Whiteman  Street ; thence  north  on  Whiteman 
Street  to  Bank  Street ; thence  west  on  Bank  Street  to  Bay- 
miller  Street ; thence  north  on  Baymiller  Street  to  the  Miami 
and  Brie  Canal  ; thence  westwardly  along  said  canal  to  the 
Brighton  Bridge  and  Colerain  Avenue  extended ; thence  south 
on  Colerain  Avenue  to  York  Street;  thence  east  on  York 
Street  to  Baymiller  Street ; thence  south  on  Baymiller  Street 
to  Wade  Street,  the  place  of  beginning. 

Fifteenth  Ward — The  Fifteenth  Ward  shall  include  and 
contain  all  that  territory  bounded  as  follows,  to-wit  : Begin- 
ning at  the  intersection  of  Richmond  and  Cutter  streets ; 
thence  east  on  Richmond  Street  to  Central  Avenue  ; thence 
north  on  Central  Avenue  to  Fiberty  Street ; thence  west  on 
Fiberty  Street  to  Finn  Street;  thence  south  on  Finn  Street 
to  Hopkins  Street;  thence  east  on  Hopkins  Street  to  Cutter 


450 


Ordinances  of  the  City  of  Cincinnati 


Street ; thence  south  on  Cutter  Street  to  Richmond  Street, 
the  place  of  beginning. 

Sixteenth  Ward — The  Sixteenth  Ward  shall  include  and 
contain  all  that  territory  bounded  as  follows,  to-wit : Begin- 
ning at  the  intersection  of  Baymiller  Street  and  the  Ohio 
River;  thence  southeastwardly  along  the  Ohio  River  to  Park 
Street  extended;  thence  north  on  Park  Street  to  Sixth  Street; 
thence  west  on  Sixth  Street  to  Cutter  Street ; thence  north  on 
Cutter  Street  to  Hopkins  Street ; thence  west  on  Hopkins 
Street  to  Baymiller  Street ; thence  south  on  Baymiller  Street 
to  Cedar  Alley ; thence  west  on  Cedar  Alley  to  Freeman 
Avenue;  thence  south  on  Freeman  Avenue  to  Seventh  Street; 
thence  east  on  Seventh  Street  to  Baymiller  Street ; thence 
south  on  Baymiller  Street  to  the  Ohio  River,  the  place  of 
beginning. 

Seventeenth  Ward — The  Seventeenth  Ward  shall  include 
and  contain  all  that  territory  bounded  as  follows,  to-wit: 
Beginning  at  the  intersection  of  Carr  Street  and  the  Ohio 
River ; thence  southeastwardly  along  the  Ohio  River  to  Bay- 
miller Street ; thence  north  on  Baymiller  Street  to  Seventh 
Street;  thence  west  on  Seventh  Street  to  Freeman  Avenue; 
thence  north  on  Freeman  Avenue  to  Cedar  Alley ; thence 
east  on  Cedar  Alley  to  Baymiller  Street ; thence  north  on 
Baymiller  Street  to  Hopkins  Street ; thence  east  on  Hopkins 
Street  to  Finn  Street ; thence  north  on  Fiun  Street  to  Faurel 
Street;  thence  west  on  Faurel  Street  to  Freeman  Avenue; 
thence  north  on  Freeman  Avenue  to  Armory  Avenue ; thence 
east  on  Armory  Avenue  to  Dudley  Street ; thence  north  on 
Dudley  Street  to  Wade  Street ; thence  west  on  Wade  Street 
to  McFean  Avenue ; thence  north  on  McFean  Avenue  to 
Fiberty  Street ; thence  west  on  Fiberty  Street  to  the  Balti- 
more & Ohio  Southwestern  Railroad  ; thence  south  along  the 
Baltimore  & Ohio  Southwestern  Railroad  to  Gest  Street ; 
thence  east  on  Gest  Street  to  McFean  Avenue  ; thence  south 
on  McFean  Avenue  to  Eighth  Street ; thence  east  on  Eighth 


Ordinances  of  the  City  of  Cincinnati 


451 


Street  to  Carr  Street ; thence  south  on  Carr  Street  to  the  Ohio 
River,  the  place  of  beginning. 

Eighteenth  Ward — The  Eighteenth  Ward  shall  include 
and  contain  all  that  territory  bounded  as  follows,  to- wit : 
Beginning  at  the  intersection  of  Park  Street  extended  and 
the  Ohio  River  ; thence  east  along  the  Ohio  River  to  John 
Street  extended  ; thence  north  on  John  Street  to  Third  Street; 
thence  east  on  Third  Street  to  Race  Street ; thence  north  on 
Race  Street  to  Seventh  Street ; thence  west  on  Seventh  Street 
to  Central  Avenue  ; thence  north  on  Central  Avenue  to  Rich- 
mond Street ; thence  west  on  Richmond  Street  to  Cutter  Street ; 
thence  south  on  Cutter  Street  to  Sixth  Street ; thence  east  on 
Sixth  Street  to  Park  Street ; thence  south  on  Park  Street  to 
the  Ohio  River,  the  place  of  beginning. 

Nineteenth  Ward — The  Nineteenth  Ward  shall  include  and 
contain  all  that  territory  bounded  as  follows,  to-wit  : Begin- 
ning at  the  intersection  of  Anderson-Ferry  Road  and  the  Ohio 
River;  thence  northeastwardly  along  the  Ohio  River  to  Carr 
Street ; thence  north  on  Carr  Street  to  Eighth  Street ; thence 
west  on  Eighth  Street  to  McEean  Avenue ; thence  north  on 
McLean  Avenue  to  Gest  Street ; thence  west  on  Gest  Street 
to  the  Baltimore  & Ohio  Southwestern  Railroad ; thence  north 
along  the  Baltimore  & Ohio  Southwestern  Railroad  to  Liberty 
Street ; thence  west  on  Liberty  Street  to  Neff  Avenue  extended  ; 
thence  south  on  said  extension,  Neff  Avenue,  Wilder  Street, 
and  Warsaw  Avenue  to  Eighth  Street ; thence  west  on  Eighth 
Street  to  Price-Hill  Road  ; thence  south  on  Price-Hill  Road  to 
the  intersection  of  Elberon  Avenue ; thence  southwestwardly 
on  Elberon  Avenue  to  the  intersection  of  Purcell  Avenue ; 
thence  on  a line  from  said  intersection  to  the  first  angle  on 
Steiner  Avenue  south  of  Edwin  Avenue ; thence  north  on 
Steiner  Avenue  to  the  intersection  of  Garfield  Avenue ; thence 
on  a line  from  said  intersection  to  the  intersection  of  Vaughn 
Road  and  the  west  line  of  Section  35,  Storrs  Township  ; thence 
south  on  said  section  line  to  the  southwest  corner  of  Section  35, 


452 


Ordinances  of  the  City  of  Cincinnati 


Storrs  Township ; thence  westwardly  along  the  north  corpora- 
tion line  of  the  former  village  of  Riverside  to  the  intersection 
of  the  west  line  of  Section  10,  Delhi  Township,  and  Anderson- 
Ferry  Road;  thence  south  on  Anderson-Ferry  Road  to  the 
Ohio  River,  the  place  of  beginning. 

Twentieth  Ward — The  Twentieth  Ward  shall  include  and 
contain  all  that  territory  bounded  as  follows,  to-wit : Begin- 
ning at  the  intersection  of  Elberon  Avenue  and  Price-Hill 
Road  ; thence  north  on  Price-Hill  Road  to  the  Incline  Plane 
and  Eighth  Street;  thence  east  along  the  Incline  Plane  and 
Eighth  Street  to  Warsaw  Avenue ; thence  north  along  Warsaw 
Avenue,  Wilder  Street,  and  Neff  Avenue  extended  to  the  north 
line  of  Section  30,  Storrs  Township  ; thence  east  along  the 
north  line  of  Section  30  to  Mill  Creek  ; thence  north  along 
Mill  Creek  to  the  Eickrun  Sewer ; thence  west  along  the 
Lickrun  Sewer  to  Beekman  Street;  thence  south  on  Beekman 
Street  to  Harrison  Avenue ; thence  northwest  on  Harrison 
Avenue  to  the  Lickrun  Sewer ; thence  west  along  the  Lickrun 
Sewer  to  Shadwell  Street;  thence  south  on  Shadwell  Street 
to  Westwood  Avenue ; thence  west  on  Westwood  Avenue  to 
Grand  Avenue  and  the  west  line  of  Section  25,  Millcreek 
Township  ; thence  south  on  the  west  line  of  Section  25,  Mill- 
creek  Township,  and  Grand  Avenue  to  the  northeast  corner 
of  Section  36,  Storrs  Township;  thence  west  along  the  north 
line  of  Section  36,  Storrs  Township,  and  the  north  lines  of 
Sections  6 and  12,  Delhi  Township,  to  the  half  section  line 
of  Section  12,  Delhi  Township ; thence  south  on  the  half 
section  line  of  Section  12,  Delhi  Township,  to  the  south  line 
of  Section  12,  Delhi  Township ; thence  east  on  the  south 
lines  of  Sections  12  and  6,  Delhi  Township,  to  the  northwest 
corner  of  Section  35,  Storrs  Township ; thence  south  on  the 
west  line  of  Section  35,  Storrs  Township,  to  the  intersection 
of  Vaughn  Road ; thence  east  on  a line  from  said  intersection 
to  the  intersection  of  Garfield  Avenue  and  Steiner  Avenue ; 
thence  south  on  Steiner  Avenue  to  the  first  angle  south  of 


Ordinances  of  the  City  of  Cincinnati 


453 


Edwin  Avenue  ; thence  east  on  a line  from  said  angle  to  the 
intersection  of  Elberon  Avenue  and  Purcell  Avenue ; thence 
northeastwardly  on  Elberon  Avenue  to  Price-Hill  Road,  the 
place  of  beginning. 

Twenty-first  Ward — The  Twenty-first  Ward  shall  include 
and  contain  all  that  territory  bounded  as  follows,  to- wit: 
Beginning  at  the  intersection  of  Eaurel  Street  and  Freeman 
Avenue  ; thence  east  on  Laurel  Street  to  Linn  Street ; thence 
north  on  Linn  Street  to  Wade  Street ; thence  west  on  Wade 
Street  to  Baymiller  Street ; thence  north  on  Baytniller  Street 
to  York  Street ; thence  west  on  York  Street  to  Colerain  Avenue; 
thence  north  on  Colerain  Avenue  to  Harrison  Avenne ; thence 
west  on  Harrison  Avenue  to  McLean  Avenue  ; thence  south 
on  McLean  Avenue  to  Wade  Street ; thence  east  on  Wade 
Street  to  Dudley  Street ; thence  south  on  Dudley  Street  to 
Armory  Avenue  ; thence  west  on  Armory  Avenue  to  Freeman 
Avenue ; thence  south  on  Freeman  Avenue  to  Laurel  Street, 
the  place  of  beginning. 

Twenty-second  Ward — The  Twenty-second  Ward  shall  in- 
clude and  contain  all  that  territory  bounded  as  follows,  to-wit : 
Beginning  at  the  intersection  of  Liberty  Street  and  McLean 
Avenue  ; thence  north  on  McLean  Avenue  to  Harrison  Avenue ; 
thence  east  on  Harrison  Avenue  to  Colerain  Avenne  ; thence 
north  on  Colerain  Avenue  to  the  Miami  and  Erie  Canal  at 
Browne-street  Bridge ; thence  north  with  the  Miami  and  Erie 
Canal  to  Streng  Street;  thence  west  on  Streng  Street  to  Cole- 
rain Avenue  ; thence  north  on  Colerain  Avenue  to  Mill  Creek ; 
thence  south  on  Mill  Creek  to  Liberty  Street ; thence  east  on 
Liberty  Street  to  McLean  Avenue,  the  place  of  beginning. 

Twenty-third  Ward — The  Twenty-third  Ward  shall  include 
and  contain  all  that  territory  bounded  as  follows,  to-wit : Be- 
ginning at  the  intersection  of  Streng  Street  with  the  Miami  and 
Erie  Canal ; thence  west  on  Streng  Street  to  Colerain  Avenue  ; 
thence  northwest  on  Colerain  Avenue  to  Mill  Creek  ; thence 
southwest  along  Mill  Creek  to  Westfork  Creek  ; thence  west 


454 


Ordinances  of  the  City  of  Cincinnati 


and  northwest  with  Westfork  Creek  and  its  meanderings  to 
Hoffner  Street ; thence  east  on  Hoffner  Street  to  Colerain 
Avenue ; thence  northwest  on  the  north  line  of  Wesleyan 
Cemetery  to  Westfork  Creek  ; thence  west  on  Westfork  Creek 
to  the  western  corporation  line  ; thence  north  on  the  western 
corporation  line  to  the  north  corporation  line  ; thence  east  on 
the  north  corporation  line  to  a point  in  the  southeast  corner 
of  the  north  half  of  Section  29,  Millcreek  Township  ; thence 
south  on  the  east  line  of  Section  29  to  the  northeast  corner  of 
Section  28,  Millcreek  Township  ; thence  east  on  the  north  line 
of  Section  22,  Millcreek  Township,  to  Linden  Road  ; thence 
south  and  southwest  with  Linden  Road  to  Linden  Street ; 
thence  southeast  with  Linden  Street  to  the  Cincinnati,  Hamil- 
ton & Dayton  Railroad  ; thence  northeast  with  the  Cincinnati, 
Hamilton  & Dayton  Railroad  1,200  feet  to  a point ; thence  in 
a direct  line  southeast  to  the  Miami  and  Brie  Canal ; thence 
southwest  with  the  Miami  and  Erie  Canal  to  Streng  Stfeet, 
the  place  of  beginning. 

Twenty -fourth  Ward — The  Twenty- fourth  Ward  shall  in- 
clude and  contain  all  that  territory  bounded  as  follows,  to-wit : 
Beginning  at  the  intersection  of  Mill  Creek  and  the  Lickrun 
Sewer ; thence  north  with  Mill  Creek  to  the  north  corporation 
line  of  the  city  ; thence  west  on  the  north  corporation  line  to 
the  western  corporation  line  of  the  city ; thence  south  on  the 
western  corporation  line  of  the  city  to  the  southwest  corner 
of  Section  31,  Millcreek  Township;  thence  east  on  the  south 
line  of  Section  31  to  the  east  line  of  said  section  or  Grand 
Avenue ; thence  north  on  Grand  Avenue  and  the  east  line  of 
Section  31  to  Westwood  Avenue  ; thence  east  on  Westwood 
Avenue  to  Shadwell  Street ; thence  north  on  Shadwell  Street 
to  the  Lickrun  Sewer ; thence  east  on  Lickrun  Sewer  to  Har- 
rison Avenue ; thence  southeastwardly  on  Harrison  Avenue  to 
Beekman  Street ; thence  north  on  Beekman  Street  to  the 
Lickrun  Sewer ; thence  east  on  Lickrun  Sewer  to  Mill  Creek; 
the  place  of  beginning. 


Ordinances  of  the  City  of  Cincinnati 


455 


No.  1038.  Passed  February  21,  1896. 

To  organize  into  a new  ward  and  to  attach  to  existing  wards  the 
territory  heretofore  annexed  and  known  as  Avondale,  Clifton, 
Linwood,  Riverside,  and  Westwood. 

Be  it  ordained  by  the  Board  Legislation  of  Cincinnati : 

SEC.  1.  That  the  territory  heretofore  annexed  and  known 
as  the  incorporated  villages  of  Clifton  and  Avondale  be  and  the 
same  is  organized  into  a new  ward,  known  as  Ward  31 ; that 
the  territory  annexed  and  known  as  the  incorporated  village 
of  Westwood  be  and  the  same  is  attached  to  Ward  30,  and  made 
part  and  parcel  thereof ; that  the  territory  heretofore  annexed 
and  known  as  the  incorporated  village  of  Einwood  be  and  the 
same  is  attached  to  Ward  1,  and  made  part  and  parcel  thereof ; 
and  that  the  territory  heretofore  annexed  and  known  as  the 
incorporated  village  of  Riverside  be  and  the  same  is  attached 
to  Ward  29,  and  made  part  and  parcel  thereof. 

[Note. — This  stands  for  reference.] 


A RESOLUTION.  Passed  May  29,  1899. 

Approving  agreement  between  the  City  of  Cincinnati  and  the  Village 
of  College  Hill  for  supply  of  water  to  College  Hill. 

Resolved , That  the  accompanying  agreement  between  the  city 
of  Cincinnati  and  the  village  of  College  Hill,  Ohio,  made  by  the 
Board  of  City  Affairs,  for  supplying  College  Hill  with  water, 
be  and  the  same  is  hereby  approved  and  concurred  in. 

This  agreement , entered  into  this  13th  day  of  May,  A.  D. 
1899,  by  and  between  the  city  of  Cincinnati,  acting  through 
its  Board  of  City  Affairs,  party  of  the  first  part,  and  the  village 
of  College  Hill,  acting  through  its  Council,  party  of  the  second 
part,  witnesseth : That  in  consideration  of  the  mutual  promises 
herein  contained  said  party  of  the  first  part  agrees  to  furnish 
to  the  party  of  the  second  part  a water-supply,  from  the  surplus 
water-supply  of  said  city  of  Cincinnati,  for  a period  of  twenty 
years  from  the  date  of  the  execution  of  this  contract.  That 
in  consideration  of  said  mutual  agreements  said  party  of  the 
second  part  agrees  as  follows  : 


456 


Ordinances  of  the  City  of  Cincinnati 


1.  To  extend  the  six -inch  water-main  now  in  Hamilton 
Avenue  in  the  city  of  Cincinnati  from  its  present  terminus 
to  the  corporation  line,  which  divides  said  city  of  Cincinnati 
and  said  village  of  College  Hill,  where  the  same  intersects  said 
Hamilton  Avenue. 

2.  To  install  and  maintain  in  Hamilton  Avenue,  at  or  near 
the  corporation  line  aforesaid,  a water-meter,  and  to  protect  and 
at  all  times  keep  properly  protected  said  water-meter. 

3.  To  perform  all  the  wTork  above  stipulated  under  the 
direction  and  to  the  satisfaction  of  the  Board  of  City  Affairs 
of  said  city  of  Cincinnati,  and  in  accordance  with  and  subject 
to  the  laws  and  ordinances  applicable  to  such  cases. 

4.  To  provide,  at  the  cost  and  expense  of  said  village  of 
College  Hill,  for  the  laying  of  all  water-pipes  and  mains,  and 
for  the  making  of  all  connections  therewith  within  the  said 
village  of  College  Hill,  and  to  provide  for  the  proper  protection 
of  said  pipes  and  connections. 

5.  To  pay  to  the  party  of  the  first  part,  during  the  con- 
tinuance of  this  contract,  for  said  water-supply  the  sum  of 
twelve  cents  for  every  one  hundred  cubic  feet  of  water  supplied 
as  aforesaid,  said  sum  to  be  paid  monthly  upon  bills  rendered 
by  the  party  of  the  first  part  to  the  party  of  the  second  part. 

6.  To  protect  and  hold  harmless  the  city  of  Cincinnati  from 
all  liability  for  any  damages  and  claims  for  damages  which  may 
arise  in  consequence  of  the  installation  of  said  water-meter,  of 
laying  said  pipes,  of  making  said  connections,  and  of  supplying 
said  water  within  the  limits  of  said  village  of  College  Hill. 

In  witness  whereof , Said  city  of  Cincinnati  by  the  president 
of  its  Board  of  City  Affairs,  thereunto  duly  authorized  by  reso- 
lution of  said  board  passed  on  the  19th  day  of  January,  1899, 
and  said  village  of  College  Hill  by  its  mayor,  thereunto  duly 
authorized  by  resolution  of  the  Council  of  said  village  passed 
on  the  20th  day  of  March,  1899,  have  caused  their  names  to  be 
signed  and  their  seals  to  be  affixed  to  this  agreement  in  dupli- 
cate, at  Cincinnati,  Ohio,  on  the  day  and  year  aforesaid. 


Ordinances  of  the  City  of  Cincinnati 


457 


NO.  499.  Passed  July  2,  1900. 

To  create  the  office  of  examiner  of  weights  and  measures,  and  to 
amend  Section  3 of  an  ordinance  therein  named. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati : 

SEC.  1.  That  for  the  purpose  of  rectifying  apparent  defects  in 
Section  3 of  an  ordinance  entitled  “An  ordinance  to  amend  an 
ordinance  entitled  ‘An  ordinance  for  the  regulation  of  weights 
and  measures,  passed  April  27,  1849,  and  to  repeal  sections  4, 
6,  7,  8,  and  9 therein  named,’  ” passed  November  21,  1862, 
and  for  the  further  purpose  of  enlarging  the  powers  and  duties 
of  the  examiner  of  weights  and  measures  herein  provided  for, 
said  Section  3 be  and  is  hereby  amended  to  read  as  follows  : 
“Section  3.  That  there  be  and  is  hereby  created  the  office  of 
examiner  of  weights  and  measures,  who  on  the  taking  effect  of 
this  ordinance  shall  be  appointed  by  the  mayor,  subject  to  the 
approval  of  the  Board  of  Legislation,  to  serve  for  the  period 
of  one  year  from  the  date  of  his  comfirmatiou,  and  until  his 
successor  shall  have  been  appointed  and  qualified.  Successors 
shall  be  appointed  by  the  mayor  in  like  manner  and  for  a like 
term.  Vacancies  shall  be  filled  by  the  mayor  for  the  unexpired 
term,  subject  to  the  approval  of  the  Board  of  Legislation. 
Before  entering  upon  his  duties  the  examiner  shall  give  bond 
in  the  sum  of  three  thousand  dollars,  conditioned,  approved, 
and  payable  in  the  manner  required  by  law.  For  his  services 
he  shall  be  entitled  to  receive  the  compensation  provided  in 
the  above-entitled  ordinance,  and  the  city  shall  not  be  liable  to 
any  assistant,  clerical  or  otherwise,  whom  he  may  employ  to 
assist  him  in  the  discharge  of  his  duties.  The  examiner  herein 
provided  for  shall  be  the  sealer  of  weights,  measures,  and 
scales ; and  he  shall  have  the  powers  and  shall  perform  the 
duties  heretofore  conferred  upon  or  required  of  the  inspector 
and  sealer  of  weights  and  measures  by  the  above-entitled  ordi- 
nance, and  by  any  other  ordinance  of  the  city  or  by  any  law 
of  the  state  of  Ohio.  He  shall  cause  the  laws  and  ordinances 
relating  to  weights,  measures,  and  scales  to  be  enforced  and 
violations  of.  the  same  to  be  prosecuted,  and  shall  see  that  fines 


458 


Ordinances  of  the  City  of  Cincinnati 


and  penalties  collected  are  credited,  as  required  by  Section  10 
of  the  above-entitled  ordinance.  On  or  before  the  first  day 
of  February  annually  he  shall  submit  to  the  mayor  a report  in 
writing  of  the  transactions  of  his  office,  including  a statement 
of  the  monthly  collection  of  fees  for  the  last  preceding  fiscal 
year.  Upon  the  appointment  and  qualification  of  the  examiner 
of  weights  and  measures,  who  shall  be  considered  the  successor 
of  said  inspector  and  sealer  of  weights  and  measures,  said 
office  of  inspector  and  sealer  of  weights  and  measures  is  hereby 
abolished.” 

SEC.  2.  That  said  Section  3 of  the  above  entitled  ordinance 
be  and  the  same  is  hereby  repealed,  and  that  this  ordinance 
shall  take  effect  and  be  in  force  from  and  after  the  earliest 
period  allowed  by  law. 

No.  29.  Passed  May  29,  1891. 

Providing-  for  the  appointment  of  a wharfmaster  and  wharf-register. 
Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati  : 

Sec.  1.  That  the  mayor  be  and  he  is  hereby  authorized 
and  empowered  to  appoint  annually  one  wharfmaster  and  one 
wharf-register,  and  the  said  wharfmaster  and  the  said  wharf- 
register  shall  qualify  in  the  manner  now  provided  for  qualifi- 
cation of  said  officers  ; and  they  shall  each  receive  the  salary 
now  fixed  by  ordinance  for  the  said  officers  respectively,  and 
shall  perform  all  the  duties  now  required  or  hereafter  fixed 
upon  for  said  officers. 

Sec.  2.  All  ordinances  and  parts  of  ordinances  in  conflict 
herewith  are  hereby  repealed. 

No.  42.  Passed  July  12,  1897. 

To  abolish  the  office  of  wharf-register,  and  to  require  the  wharf- 
master to  perform  the  duties  heretofore  performed  by  the  wharf- 
register  without  additional  compensation. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati : 

Sec.  1.  That  the  office  of  wharf-register  of  the  city  be  and 
the  same  is  hereby  abolished. 


Ordinances  of  the  City  of  Cincinnati 


459 


SEC.  2.  That  the  duties  heretofore  required  of  and  per- 
formed by  the  wharf-register  of  the  city  be  and  the  same  shall 
hereafter  be  performed  by  the  wharfmaster  of  said  city  without 
any  additional  compensation  than  that  now  paid  to  the  wharf- 
master  of  the  city. 

SEC.  3.  That  all  ordinances  and  parts  of  ordinances  in 
conflict  herewith  be  and  are  hereby  repealed. 

No.  60.  Passed  August  16,  1897. 

To  authorize  the  wharfmaster  to  employ  a messenger. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati : 

Sec.  1.  That  the  wharfmaster  be  authorized  to  appoint  a 
messenger  to  perform  such  duties  as  he  may  direct,  at  a salary 
not  to  exceed  five  dollars  per  week. 

No.  383.  Passed  October  23,  1899. 

To  provide  for  the  payment  of  moneys  received  by  the  City  of 
Cincinnati  for  wharfage. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati  : 

SEC.  1.  That  all  revenues  received  from  and  after  this  date 
for  the  occupancy  of  wharf  property  owned  by  and  under 
the  control  of  the  city  be  credited  by  the  city  auditor  to  the 
General  Fund. 

Sec.  2.  That  the  resolution  passed  by  Council  on  September 
25,  1868,  directing  the  crediting  of  all  revenues  received  for  the 
occupancy  of  wharf  property  to  the  Wharfage  Fund,  be  and  the 
same  is  hereby  repealed. 

No.  524.  Passed  August  7,  1900. 

To  regulate  receipts  and  expenditures  by  the  wharfmaster. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati : 

SEC.  1.  That  all  receipts  for  wharfage  and  all  charges  for 
the  use  and  occupancy  of  the  public  landings  of  the  city  of 
Cincinnati  for  the  mooring  of  boats  and  loading  or  unloading 


460 


Ordinances  of  the  City  of  Cincinnati 


of  cargoes,  as  established  by  ordinances  now  in  operation  or 
that  may  hereafter  be  passed,  shall  be  credited  to  the  General 
Fund. 

Sec.  2.  That  all  expenditures  for  wharfage  purposes,  in- 
cluding the  salary  of  the  wharfmaster,  shall  be  paid  out  of 
the  balance  now  in  the  Wharfage  Fund  until  the  same  is 
exhausted,  and  shall  thereafter  be  appropriated  and  paid  out 
of  the  General  Fund. 

Sec.  3.  That  the  city  auditor  shall  keep  a strict  account  of 
all  receipts  for  wharfage  and  all  expenditures  for  the  same. 

Sec.  4.  That  the  resolution  adopted  September  25,  1868 
(Coppock  and  Hertenstein’s  Ordinances,  p.  153),  directing  the 
city  auditor  to  credit  all  revenue  received  for  the  occupancy 
of  wharf  property  to  the  Wharfage  Fund,  be  and  the  same  is 
hereby  repealed,  and  said  Wharfage  Fund,  after  the  expendi- 
ture of  the  balance  now  remaining  in  the  same,  as  provided 
for  in  Section  2 hereof,  is  hereby  abolished. 

No.  536.  Passed  September  10,  1900. 

To  provide  for  an  assistant  to  tlie  wharfmaster. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati: 

Sec.  1.  That  there  be  created  the  position  of  assistant 
wharfmaster  of  the  city  of  Cincinnati,  who  shall  be  appointed 
by  the  wharfmaster.  Such  assistant  shall  assist  the  wharf- 
master in  the  discharge  of  the  duties  of  the  office  of  wharf- 
master in  such  manner  as  the  wharfmaster  shall  require  and 
direct.  In  the  event  of  the  absence  from  the  city  or  illness 
of  the  wharfmaster,  or  his  inability  from  any  other  cause  to 
regularly  perform  the  duties  of  his  office,  the  assistant  wharf- 
master shall  act  as  wharfmaster,  and  shall  enforce  compliance 
with  all  the  ordinances  connected  with  that  position. 

Sec.  2.  The  assistant  wharfmaster  shall  receive  for  his  ser- 
vices the  sum  of  seven  hundred  and  twenty  dollars  per  annum, 
payable  in  semi-monthly  installments.  He  shall  give  bond  in 
the  sum  of  two  thousand  dollars,  approved  by  the  corporation 


Ordinances  of  the  City  of  Cincinnati 


461 


counsel  as  to  form  and  by  the  mayor  as  to  sufficiency,  for  his 
faithful  performance  of  all  the  duties  that  may  devolve  upon 
him,  and  for  the  deposit  in  the  city  treasury  of  all  moneys 
belonging  to  the  city  that  may  come  into  his  possession. 


'No.  828.  Passed  April  21,  1902. 

Fixing-  the  wharfage  fees  for  the  use  of  the  Public  Landing  and 
the  streets  terminating  at  low  - water  mark,  and  providing  for 
the  collection  thereof. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati  : 

SEC.  1.  That  wharfage  fees  for  the  use  of  the  Public  Land- 
ing and  of  the  river  termini  of  the  various  streets  which  end 
at  low-water  mark  in  the  city  of  Cincinnati  shall  be  as  follows  : 
Each  and  every  wharfboat  moored  directly  or  indirectly  to  the 
Public  Landing,  or  in  front  thereof,  shall  pay  one  half  cent 
per  day  per  lineal  foot  of  the  water  front  occupied  by  said 
wharfboat  and  necessary  for  the  proper  mooring  of  boats. 
Each  and  every  steamboat  or  other  watercraft,  other  than 
wharves  and  wharfboats,  moored  directly  or  indirectly  to  said 
Public  Landing  or  in  front  thereof,  and  remaining  there  con- 
tinuously less  than  twenty-four  hours,  shall  pay  the  following 
sums,  in  accordance  with  their  hull  measurements  : Steam- 
boats or  other  watercrafts  registered  ten  tons  and  not  exceed- 
ing one  hundred  and  fifty  tons  shall  pay  the  sum  of  one  and 
one  half  dollars  ; one  hundred  and  fifty  - one  tons  and  over 
shall  pay  the  sum  of  two  and  one  half  dollars.  If  such  steam- 
boat or  watercraft  so  remain  continuously  more  than  twenty- 
four  hours  and  less  than  twelve  days,  it  shall  pay  one  and 
one  half  cent  per  ton  for  every  ton  said  boat  shall  register, 
hull  measure,  but  no  such  wharfage  fee  shall  be  less  than  one 
dollar  and  fifty  cents  ; and  for  any  longer  period  than  twelve 
days  which  such  steamboat  or  watercraft  shall  remain  it  shall 
pay  the  sum  of  one  dollar  per  day  for  each  and  every  additional 
day  it  shall  so  remain  ; provided,  however,  that  any  steamboat 
paying  such  tonnage  and  daily  rate  shall  have  the  privilege 


462 


Ordinances  of  the  City  of  Cincinnati 


of  making  landings  within  the  city  limits  to  discharge  or  take 
on  cargoes  within  the  time  in  which  said  tonnage  and  daily 
rate  have  been  paid.  Barges  and  model  barges  moored  directly 
or  indirectly  to  the  Public  Landing,  or  in  front  thereof,  shall 
pay  two  and  one  half  dollars  per  day  for  each  and  every  day 
or  fraction  of  a day  it  shall  remain  at  the  Public  Landing. 
Wharfage  fees  chargeable  against  watercraft  moored  directly 
or  indirectly  to  any  wharfboat  are  also  chargeable  against  said 
wharfboat  unless  otherwise  paid.  Boats  and  flats  tied  to  steam- 
boats for  the  sole  purpose  of  supplying  such  boats  with  fuel 
or  provisions,  skiffs,  yawls,  and  transient  boats  whose  hull 
measurement  does  not  exceed  ten  tons,  are  exempt  from 
wharfage,  unless  the  space  occupied  by  them  should  be 
demanded  by  watercraft  chargeable  with  wharfage,  and  pro- 
vided they  are  located  in  accordance  with  the  directions  of  the 
wharfmaster. 

SEC.  2.  The  following  rates  shall  be  charged  for  each  and 
every  steamboat,  barge,  or  other  watercraft,  and  rafts  of  logs 
or  lumber,  other  than  wharves  and  wharfboats,  moored  directly 
or  indirectly  or  in  front  thereof  at  the  river  termini  of  the 
following  streets : Baymiller  Street,  Race  Street,  Ludlow 

Street,  and  Strader  Street,  one  dollar  per  day ; Mill  Street, 
Smith  Street,  John  Street,  Plum  Street,  Eggleston  Avenue, 
Parsons  Street,  Whittaker  Street,  Collard  Street,  Washington 
Street,  Weeks  Street,  Niagara  Street,  Willow  Street,  Litherbury 
Street,  Reed  Street,  Broad  Street,  Walden  Street,  Brooklyn 
Street,  Hazen  Street,  Vance  Street,  Ferry  Street,  Selas  Street, 
Louis  Street,  Bayou  Street,  Lumber  Street,  Sawyer  Street, 
Queen-City  Court,  Rogers  Street,  Foster  Street,  Munson  Street, 
St.  Andrew’s  Street,  Marmet  Street,  Corbin  Street,  St.  Peter’s 
Street,  Brown  Street,  Mayapple  Street,  Ridgley  Street,  Watson 
Street,  Getchel  Street,  Congress  Street,  Tennyson  Street, 
McCullough  Street,  Carrel  Street,  Evans  Street,  and  Harriet 
Street,  fifty  cents  per  day. 

SEC.  3.  For  all  streets  which  may  hereafter  be  improved 
to  the  low- water  mark  of  the  river  the  wharfage  charges  for 


Ordinances  of  the  City  of  Cincinnati 


463 


each  and  every  steamboat,  barge,  or  other  watercraft  shall  be 
one  dollar  per  day. 

SEC.  4.  Where  the  expression  “Public  Landing ” is  used 
herein  it  is  hereby  declared  to  mean  that  portion  of  the  river 
front  extending  from  the  east  line  of  Broadway  to  the  west 
line  of  Main  Street. 

Sec.  5.  That  cargoes  of  any  kind  placed  or  discharged 
upon  the  Public  Landing,  and  remaining  there  more  than  four 
days,  shall  pay  ten  cents  for  each  one  hundred  square  feet  or 
less  of  space  of  the  Public  Landing  so  occupied ; and  any 
wharfboat  or  watercraft  which  has  been  sunk  or  stranded  on 
or  in  front  of  the  Public  Landing,  if  not  raised  within  fifteen 
days  from  the  time  said  boats  are  sunk  or  stranded,  shall  pay 
ten  dollars  per  day  for  each  and  every  additional  day  until 
removed. 

SEC.  6.  For  all  fees  herein  chargeable  to  any  wharfboat, 
steamboat,  barge,  or  any  other  watercraft,  or  to  any  cargo  or 
wreck,  the  owner,  lessee,  consignee,  custodian,  and  person  in 
control  or  last  in  control  thereof  shall  be  jointly  and  severally 
liable ; and  any  person  who  shall  place  any  wharfboat,  steam- 
boat, barge,  or  other  watercraft,  or  permit  the  same  or  any 
cargo  or  wreck  to  remain,  so  as  to  be  chargeable  with  any  of 
the  fees  herein  provided  for,  without  paying  such  fees  upon 
demand  of  the  wharfmaster,  or  shall  violate  any  of  the  pro- 
visions of  this  ordinance,  shall  on  conviction  thereof  in  the 
Police  Court  be  fined  in  any  sum  not  exceeding  one  hundred 
dollars,  with  costs  of  suit. 

Sec.  7.  All  watercraft  of  whatever  kind  landing  at  the 
Public  Landing  of  the  city,  or  at  the  river  termini  of  any  of 
the  streets  herein  mentioned,  shall  be  moored  at  such  points  or 
places  at  the  wharf  or  landing  as  may  be  designated  therefor 
by  the  wharfmaster.  The  wharfmaster  shall  be  and  hereby  is 
authorized  and  empowered  to  designate  the  place  or  position 
at  the  Public  Landing  where  each  wharfboat  shall  lie,  and 
wharfboats  shall  remove  to  any  other  place  at  the  Public 
Landing  whenever  the  wharfmaster  shall  so  direct. 


464 


Ordinances  of  the  City  of  Cincinnati 


SEC.  8.  All  fees  herein  provided  for  shall  be  payable  to 
the  wharfmaster,  and  with  all  other  moneys  which  he  may 
collect  shall  be  paid  by  him  to  the  city  treasurer ; and  for  the 
recovery  of  all  fees  herein  provided  said  wharfmaster  may 
bring  suit,  in  the  name  of  the  city,  in  any  court  of  competent 
jurisdiction. 

Sec.  9.  That  Ordinance  No.  551,  passed  October  8,  1900, 
entitled  “An  ordinance  fixing  the  wharfage  fees  for  the  use  of 
the  Public  Landing”  and  providing  for  the  collection  thereof, 
and  that  Ordinance  No.  726,  passed  January  5,  1894,  are  hereby 
repealed,  as  well  as  all  portions  of  any  other  ordinances  which 
are  now  in  effect  inconsistent  with  this  ordinance. 

']SJr,  Passed  September  2,  1892,  and  approved  over  Mayor’s 

1NU*  1 * disapproval  September  30,  1892. 

To  prohibit  the  blowing-  of  steam-whistles  within  the  city  limits. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati : 

Sec.  1.  That  the  use  of  steam -whistles  by  blowing  or 
sounding  the  same,  or  causing  steam -whistles  to  be  blown 
or  sounded,  be  and  the  same  is  hereby  declared  to  be  unlaw- 
ful within  the  corporate  limits  of  said  city.  Any  person  using 
the  same  or  causing  the  same  to  be  used  shall  be  fined  in  any 
sum  not  exceeding  fifty  dollars,  together  with  the  costs  of 
prosecution,  or  be  imprisoned  for  a term  not  exceeding  thirty 
days,  or  both,  at  the  discretion  of  the  Police  Court. 

Sec.  2.  The  provisions  of  this  ordinance  shall  not  apply 
to  the  use  of  steam -whistles  by  railroad  companies  to  warn 
persons  or  cattle  crossing,  walking,  or  straying  upon  their 
tracks,  nor  to  the  use  of  steam- whistles  by  factories  or  manu- 
facturing establishments  between  the  hours  of  6 and  8 A.  M., 
12  and  1 p.  m.,  and  4 and  6 p.  m.,  but  they  shall  apply  to  the 
use  of  such  steam-whistles  upon  the  approach  to  and  at  rail- 
road crossings  guarded  and  protected  by  safety  gates. 

Sec.  3.  That  the  ordinance  entitled  “An  ordinance  sup- 
plementary to  an  ordinance  to  provide  for  the  abatement  of 
nuisances  and  to  repeal  certain  ordinances  therein  named,” 


Ordinances  of  the  City  of  Cincinnati 


465 


passed  October  1,  1856,  and  an  ordinance  entitled  “An  ordi- 
nance to  prohibit  the  blowing  of  steam -whistles  within  the 
city  limits,”  passed  March  11,  1892,  be  and  the  same  are 
hereby  repealed. 

No.  600.  Passed  August  11,  1893. 

To  prohibit  the  laying:,  stringing,  or  maintaining:  of  wires  or  other 
appliances  for  electric  light,  power,  telephone,  telegraph,  or  elec- 
tric wires  for  any  other  purpose  in  the  public  streets,  alleys,  and 
highways  without  authority. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati: 

SEC.  1.  That  whoever,  by  himself  or  by  his  servant  or 
agent,  or  as  the  servant  or  agent  of  any  corporation,  partner- 
ship, or  person,  without  authority  lays,  strings,  or  maintains 
wires  or  other  appliances  for  electric  light,  power,  telephone 
or  telegraph,  or  electric-light  wires  for  any  other  purposes  in, 
across,  or  along  the  public  streets,  lanes,  squares,  alleys,  or 
other  highways  of  the  -city,  either  above  or  under  the  surface 
of  the  ground,  shall  be  deemed  guilty  of  a misdemeanor,  and 
shall  be  fined  in  any  sum  not  exceeding  fifty  dollars  nor 
less  than  ten  dollars,  and  each  day  such  wires  or  appliances 
are  allowed  to  remain  in,  along,  or  across  such  streets, 
lanes,  squares,  alleys,  or  other  highways  shall  be  deemed  and 
considered  a separate  and  distinct  offense,  and  punishable 
accordingly. 

No.  864.  Passed  December  7,  1894. 

Granting1  to  the  firm  of  Rheinstrom,  Bettman,  Johnson  & Co.  the 
right  to  have  and  maintain  not  more  than  six  electric-light  wires 
across  West  Cheapside  Street  and  East  Cheapside  Street,  between 
Ninth  and  Court  streets. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati: 

Sec.  1.  That  the  firm  of  Rheinstrom,  Bettman,  Johnson  & 
Co.  be  and  they  are  hereby  granted  the  right  to  have  and 
maintain  not  more  than  six  electric-light  wires  across  West 
Cheapside  Street  and  East  Cheapside  Street,  between  Ninth 
and  Court  streets,  in  the  city  of  Cincinnati  ; said  wires  to  be 
strung  from  the  building  in  which  their  office  now  is  to  the 


466 


Ordinances  of  the  City  of  Cincinnati 


building  in  which  their  wareroonis  now  are  (which  building  is 
known  as  Nos.  303  and  305  Broadway),  and  to  such  adjoining 
premises  as  may  hereafter  be  used  by  them  in  the  conduct  of 
their  business,  and  provided  that  the  electric  current  trans- 
mitted over  the  aforesaid  wires  is  to  be  used  exclusively  by 
the  said  firm  of  Rheinstrom,  Bettman,  Johnson  & Co.  and  by 
no  one  else  ; and  no  current  to  be  sold  by  them  to  any  other 
person  or  persons. 

SEC.  2.  This  ordinance  shall  be  subject  to  the  provisions 
and  conditions  of  the  general  Ordinance  No.  4285  so  far  as 
they  are  applicable,  and  the  grant  herein  shall  be  for  the 
period  of  ten  years. 

No.  52.  Passed  July  26,  1897. 

To  give  to  Wm.  G.  Reuter  a license  to  transact  business  upon  the 
terms  of  and  in  accordance  with  Ordinance  No.  732,  passed  Jan- 
uary 26,  1894,  and  entitled  “An  ordinance  prescribing  the  terms 
and  conditions  upon  which  the  business  of  all  telephone,  tele- 
graph, burglar-alarm,  fire-alarm,  district  messenger,  and  signaling 
purposes  may  be  engaged  in  within  the  corporate  limits  of  the 
City  of  Cincinnati  by  any  person,  company,  or  corporation  secur- 
ing permission  by  special  ordinance  so  to  engage.” 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati: 

Sec.  1.  Whereas  W.  G.  Reuter  was  in  existence  and  doing 
business  on  the  26th  day  of  January,  1894,  said  day  being  the 
time  of  the  passage  of  Ordinance  No.  732,  that  a license  to 
transact  his  business  for  the  period  of  twenty-five  years  upon 
the  terms  and  conditions,  and  in  accordance  with  the  said 
Ordinance  No.  732,  entitled  “An  ordinance  prescribing  the 
terms  and  conditions  under  which  the  business  of  telephone, 
telegraph,  burglar-alarm,  fire-alarm,  district  messenger,  and 
signaling  purposes  may  be  engaged  in  within  the  corporate 
limits  of  the  city  of  Cincinnati  by  any  person,  company,  or 
corporation  securing  permission  by  special  ordinance  so  to 
engage,”  be  and  the  same  is  granted  to  Wm.  G.  Reuter  of 
Cincinnati,  Ohio,  provided  said  person  shall  within  ten  days 
following  the  passage  of  this  ordinance  file  with  the  Board 
of  Administration  a good  and  sufficient  bond,  in  the  sum  of 


Ordinances  of  the  City  of  Cincinnati 


467 


five  thousand  dollars,  that  said  person  will  comply  with  the 
terms  of  said  Ordinance  No.  732,  and  that  he  will  protect  the 
city  of  Cincinnati  against  claims  for  damages  that  may  arise 
from  the  placing  and  use  of  the  wires  of  said  person.  This 
person  shall  file  quarterly  with  the  Board  of  Administration 
a statement  and  plan  showing  any  alteration,  additions,  or  ex- 
tensions of  his  system  ; also  the  number  of  each  building  said 
wires  are  attached  to.  This  person  shall  obtain  a permit  from 
the  Board  of  Administration  before  erecting  any  wire,  brackets, 
or  supports.  A sample  of  wire,  brackets,  and  supports  to  be 
used  shall  be  submitted  to  the  Board  of  Administration  for 
approval  before  strung  or  erected. 

No.  92.  Passed  November  8,  1897. 

Granting  to  the  Davis  & Egan  Machine  Tool  Company  the  right  to 
have  and  maintain  not  more  than  six  electric-light  wires  across 
Sixth  Street,  between  Eggleston  Avenue  and  Culvert  Street. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati: 

Sec.  1.  That  the  Davis  & Egan  Machine  Tool  Company 
be  and  it  is  hereby  granted  the  right  to  have  and  to  maintain 
not  more  than  six  electric-light  wires  to  cross  Sixth  Street,  in 
the  city  of  Cincinnati  ; said  wires  to  be  strung  from  the  build- 
ing on  the  southeast  corner  of  Sixth  Street  and  Eggleston 
Avenue  to  the  building  on  the  southwest  corner  of  Sixth  Street 
and  Eggleston  Avenue,  said  building  being  known  as  the  south- 
west corner  of  Sixth  Street  and  Eggleston  Avenue,  and  to  such 
adjoining  premises  as  may  be  used  by  them  in  the  conduct  of 
their  business  ; and  provided  that  the  electric  current  trans- 
mitted over  the  aforesaid  wires  is  to  be  used  exclusively  by 
the  Davis  & Egan  Machine  Tool  Company  and  by  no  one 
else,  and  no  current  to  be  sold  by  them  -to  any  other  person 
or  persons. 

SEC.  2.  This  ordinance  shall  be  subject  to  the  provisions 
and  conditions  of  general  Ordinance  No.  4285  so  far  as  they 
are  applicable,  and  the  grant  herein  shall  be  for  the  period 
of  ten  years. 


468 


Ordinances  of  the  City  of  Cincinnati 


No.  108.  Passed  December  20,  1897. 

Granting  to  the  John  C.  Roth  Packing  Company  the  right  to  have  and 
maintain  not  more  than  two  electric  light  wires  from  No.  1017  to 
No.  1018,  crossing  Oehler  Street. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati: 

SEC.  1.  That  the  John  C.  Roth  Packing  Company  be  and 
it  is  hereby  granted  the  right  to  have  and  to  maintain  not 
more  than  two  electric-light  wires  from  No.  1017  to  No.  1018, 
crossing  Oehler  Street,  in  the  city  of  Cincinnati ; said  wires 
to  be  strung  from  No.  1017  to  No.  1018,  crossing  Oehler 
Street,  as  may  be  used  by  them  in  the  conduct  of  their  busi- 
ness ; and  provided  that  the  electric  current  transmitted  over 
the  aforesaid  wires  is  to  be  used  exclusively  by  the  John  C. 
Roth  Packing  Company  and  by  no  one  else,  and  no  current 
to  be  sold  by  them  to  any  other  person  or  persons. 

SEC.  2.  This  ordinance  shall  be  subject  to  the  provisions 
and  conditions  of  general  Ordinance  No.  4285  so  far  as  they 
are  applicable,  and  the  grant  herein  shall  be  for  the  period 
of  ten  years. 

No.  112.  Passed  January  12,  1898. 

To  give  the  United  States  Printing  Company  a license  to  maintain 
one  eight  - conductor  cable  from  the  southeast  to  the  northeast 
corner  of  Eggleston  Avenue  and  Fifth  Street,  in  the  City  of  Cin- 
cinnati, upon  the  terms  of  and  in  accordance  with  the  conditions 
of  Ordinance  No.  732,  passed  January  26,  1894,  and  entitled  “An 
ordinance  prescribing  the  terms  and  conditions  upon  which  the 
business  of  all  telephone,  telegraph,  burglar  - alarm,  fire  - alarm, 
district  messenger,  and  signaling  purposes  may  be  engaged  in 
within  the  corporate  limits  of  the  City  of  Cincinnati  by  any 
person,  company,  or  corporation  securing  permission  by  special 
ordinance  so  to  engage.” 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati : 

Sec,  1.  That  a license  be  granted  to  the  United  States 
Printing  Company  to  maintain  for  the  conduct  of  their  busi- 
ness one  eight  - conductor  cable  from  the  southeast  to  the 
northeast  corner  of  Eggleston  Avenue  and  Fifth  Street,  for 
the  period  of  twenty-five  years,  upon  the  terms  and  conditions 
of  and  in  accordance  with  the  said  Ordinance  No.  732. 


Ordinances  of  the  City  of  Cincinnati 


469 


No.  827.  Passed  April  21,  1902. 

Granting  to  the  United  States  Printing  Company  and  its  successors 
the  right  to  have  and  maintain  an  electric  cable  under  Lock 
Street,  between  Fifth  and  Sixth  streets. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati : 

SEC.  1.  That  the  United  States  Printing  Company  and  its 
successors  be  and  it  hereby  is  granted  the  right  to  have  and 
maintain  an  electric  cable  under  Lock  Street,  between  Fifth 
and  Sixth  streets,  in  said  city,  for  the  purpose  of  transmitting 
power  from  its  factory  on  the  corner  of  Fifth  and  Lock 
streets  to  its  factory  on  the  corner  of  Sixth  and  Lock  streets; 
provided,  however,  that  the  power  so  transmitted  shall  be 
exclusively  used  by  said  the  United  States  Printing  Company 
and  its  successors  for  the  conduct  of  its  own  business,  and 
for  no  other  purpose. 

SEC.  2.  That  said  the  United  States  Printing  Company 
and  its  successors  be  and  it  hereby  is  given  the  right,  under 
the  supervision  of  the  Board  of  Public  Service  of  Cincinnati, 
Ohio,  at  its  own  expense,  to  open  said  Lock  Street  and  the 
sidewalks  thereon  for  the  purpose  of  laying,  repairing,  and 
maintaining  said  electric  cable  ; but  it  shall  replace  any  open- 
ing so  made  to  the  satisfaction  of  said  Board  of  Public 
Service  or  of  its  engineer. 

SEC.  3.  This  ordinance  shall  be  subject  to  the  provisions 
of  general  Ordinance  No.  4285  so  far  as  the  same  may  be 
applicable,  and  the  grant  herein  given  shall  be  for  the  period 
of  ten  years. 

No.  119.  Passed  January  17,  1898. 

Granting  to  the  Moerlein  Brewing  Company  the  right  to  have  and 
maintain  electric  - light  wires  within  the  corporate  limits  of  the 
City  of  Cincinnati. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati : 

SEC.  1.  That  the  Moerlein  Brewing  Company  be  and  it  is 
hereby  granted  the  right  to  have  and  maintain  electric -light 
wires  as  follows  : Four  wires  crossing  Henry  Street,  between 
Pleasant  and  Elm  streets ; four  wires  crossing  Elm  Street, 


470 


Ordinances  of  the  City  of  Cincinnati 


between  McMicken  Avenue  and  Henry  Street ; two  wires 
crossing  McMicken  Avenue,  between  Hazen  Alley  and  Pleasant 
Street ; eighteen  wires  crossing  Hazen  Alley,  between  Henry 
Street  and  McMicken  Avenue ; four  wires  crossing  Pleasant 
Street,  between  Henry  Street  and  McMicken  Avenue.  Said 
wires  to  be  used  exclusively  by  the  said  the  Moerlein  Brewing 
Company,  and  by  them  only  in  the  conduct  of  their  own  busi- 
ness ; and  provided  that  the  electric  current  transmitted  over 
the  aforesaid  wires  is  to  be  used  only  by  said  Moerlein  Brewing 
Company  and  by  no  one  else,  and  no  current  for  any  purpose 
whatsoever  to  be  sold  or  given  away  by  them,  or  be  trans- 
mitted by  said  wires  to  any  other  corporation,  firm,  person, 
or  persons  whatsoever ; and  in  case  said  wires  are  used  by  the 
said  Moerlein  Brewing  Company,  or  by  any  other  person  or 
persons,  except  for  the  purpose  hereinbefore  stipulated,  then 
in  that  event  this  ordinance  shall  become  null  and  void. 

Sec.  2.  This  ordinance  shall  be  subject  to  the  provisions 
and  conditions  of  general  Ordinance  No.  4285  so  far  as  they 
are  applicable,  and  the  grant  herein  shall  be  for  the  period 
of  twenty-five  years. 

No.  120.  Passed  January  17,  1898. 

To  give  to  the  Moerlein  Brewing  Company  a license  to  maintain 
wires  within  the  corporate  limits  of  the  City  of  Cincinnati  upon 
the  terms  of  and  in  accordance  with  Ordinance  No.  732,  passed 
January  26,  1894,  and  entitled  “An  ordinance  prescribing  the 
terms  and  conditions  upon  which  the  business  of  all  telephone, 
telegraph,  burglar-alarm,  fire-alarm,  district  messenger,  and  sig- 
naling purposes  may  be  engaged  in  within  the  corporate  limits 
of  the  City  of  Cincinnati  by  any  person,  company,  or  corporation 
securing  permission  by  special  ordinance  so  to  engage.” 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati: 

Sec.  1.  That  a license  be  granted  to  the  Moerlein  Brewing 
Company  to  transact  and  maintain  for  the  conduct  of  their 
business  for  the  period  of  twenty-five  years,  upon  the  terms 
and  conditions  of  and  in  accordance  with  the  said  Ordinance 
No.  732,  the  following  wires  : Six  wires  crossing  Elm  Street, 
between  McMicken  Avenue  and  Henry  Street ; eleven  wires 


Ordinances  of  the  City  of  Cincinnati 


471 


crossing  Hazen  Alley,  between  McMicken  Avenue  and  Henry 
Street.  Said  wires  to  be  used  exclusively  by  the  said  the 
Moerlein  Brewing  Company,  and  by  them  only  in  the  conduct 
of  their  own  business ; and  provided  that  the  electric  current 
transmitted  over  the  aforesaid  wires  is  to  be  used  only  by  the 
said  Moerlein  Brewing  Company  and  by  no  one  else,  and  no 
current  for  any  purpose  whatsoever  to  be  sold  or  given  away 
by  them,  or  be  transmitted  by  said  wires  to  any  other  cor- 
poration, firm,  person,  or  persons  whomsoever;  and  in  case 
said  wires  are  used  by  the  said  Moerlein  Brewing  Company, 
or  by  any  other  person  or  persons,  except  for  the  purpose 
hereinbefore  stipulated,  then  in  that  event  this  ordinance 
shall  become  null  and  void.  This  company  shall  file  quarterly 
with  the  Board  of  Administration  a statement  and  plan  show- 
ing any  alteration,  additions,  or  extensions  of  their  system, 
also  the  number  of  each  building  said  wires  are  attached  to. 
This  company  shall  obtain  a permit  from  the  Board  of  Admin- 
istration before  erecting  any  wires,  brackets,  or  supports. 

No.  121.  Passed  January  17,  1898. 

Granting-  to  the  Gambrinus  Stock  Company  the  right  to  have  and 
maintain  electric  - light  wires  within  the  corporate  limits  of  the 
City  of  Cincinnati. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati: 

Sec.  1.  That  the  Gambrinus  Stock  Company  be  and  it  is 
hereby  granted  the  right  to  have  and  maintain  electric-light 
wires  as  follows  : Two  electric-light  wires  from  said  company’s 
building  at  the  northeast  corner  of  Elliott  and  Sycamore  streets 
to  the  ice-house  opposite  on  Sycamore  Street,  also  two  electric- 
light  wires  crossing  Elliott  Street  to  stables.  Said  wires  to  be 
used  exclusively  by  the  said  the  Gambrinus  Stock  Company, 
and  by  them  only  in  the  conduct  of  their  own  business  ; and 
provided  that  the  electric  current  transmitted  over  the  aforesaid 
wires  is  to  be  used  only  by  said  Gambrinus  Stock  Company, 
and  by  no  one  else,  and  no  current  for  any  purpose  whatsoever 
to  be  sold  or  given  away  by  them,  or  be  transmitted  by  said 


472 


Ordinances  of  the  City  of  Cincinnati 


wires  to  any  other  corporation,  firm,  person,  or  persons  whom- 
soever ; and  in  case  said  wires  are  used  by  the  said  Gambrinus 
Stock  Company,  or  by  any  other  person  or  persons,  except  for 
the  purpose  hereinbefore  stipulated,  then  in  that  event  this 
ordinance  shall  become  null  and  void. 

Sec.  2.  This  ordinance  shall  be  subject  to  the  provisions 
and  conditions  of  general  Ordinance  No.  4285  so  far  as  they 
are  applicable,  and  the  grant  herein  shall  be  for  the  period  of 
twenty-five  years. 

No.  126.  Passed  January  24,  1898. 

To  give  to  Messrs.  Schmitt  and  Shaffer,  receivers  of  the  Kaufman 
Brewing-  Company,  a license  to  maintain  two  wires  from  No.  1622 
to  No.  1628  Vine  Street  and  to  No.  1638  Hamer  Street,  also  two 
bell  wires  crossing-  Hamer  street  to  the  engine-room,  in  the  City 
of  Cincinnati,  upon  the  terms  and  in  accordance  with  the  condi- 
tions of  Ordinance  No.  732,  passed  January  26,  1894,  and  entitled 
“An  ordinance  prescribing-  the  terms  and  conditions  upon  which 
the  business  of  all  telephone,  telegraph,  burglar-alarm,  fire-alarm, 
district  messeng-er,  and  sig-naling-  purposes  may  be  eng-ag-ed  in 
within  the  corporate  limits  of  the  City  of  Cincinnati  by  any 
person,  company,  or  corporation  securing-  permission  by  special 
ordinance  so  to  eng-agre. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati : 

SEC.  1.  That  a license  be  granted  to  Messrs.  Schmitt  and 
Shaffer,  receivers  of  the  Kaufman  Brewing  Company,  to  main- 
tain for  the  conduct  of  their  business  two  wires  from  No.  1622 
to  No.  1628  Vine  Street  and  to  No.  1638  Hamer  Street,  also 
two  bell  wires  crossing  Hamer  Street  to  the  engine-room,  for 
the  period  of  ten  years,  upon  the  terms  and  conditions  and 
in  accordance  with  the  said  Ordinance  No.  732.  Said  wires  to 
be  used  exclusively  by  the  said  company,  and  by  them  only 
in  the  conduct  of  their  own  business  ; and  provided  that  the 
electric  current  transmitted  over  the  aforesaid  wires  is  to  be 
used  only  by  said  company  and  by  no  one  else,  and  no  current 
for  any  purpose  whatsoever  to  be  sold  or  given  away  by  them, 
or  be  transmitted  by  said  wires  to  any  other  corporation,  firm, 
person,  or  persons  whomsoever  ; and  in  case  said  wires  are 
used  by  the  said  company,  or  by  any  other  person  or  persons, 


Ordinances  of  the  City  of  Cincinnati 


473 


except  for  the  purpose  hereinbefore  stipulated,  then  in  that 
event  this  ordinance  shall  become  null  and  void. 

No.  127.  Passed  January  24,  1898. 

Granting-  to  the  American  Oak  Leather  Company  the  right  to 
have  and  maintain  not  more  than  four  electric  - light  wires 
from  No.  1413  to  No.  1412,  crossing  Dalton  Avenue. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati : 

SEC.  1.  That  the  American  Oak  Leather  Company  be 
and  are  hereby  granted  the  right  to  have  and  to  maintain  not 
more  than  four  electric-light  wires  from  No.  1413  to  No.  1412, 
crossing  Dalton  Avenue,  in  the  city  of  Cincinnati ; said  wires  to 
be  strung  from  No.  1413  to  No.  1412,  crossing  Dalton  Avenue. 
Said  wires  to  be  used  exclusively  by  the  said  company,  and 
by  them  only  in  the  conduct  of  their  own  business  ; and  pro- 
vided that  the  electric  current  transmitted  over  the  aforesaid 
wires  is  to  be  used  only  by  said  company  and  by  no  one  else, 
and  no  current  for  any  purpose  whatsoever  to  be  sold  or  given 
away  by  them,  or  to  be  transmitted  by  said  wires  to  any  other 
corporation,  firm,  person,  or  persons  whomsoever  ; and  in  case 
said  wires  are  used  by  the  said  company,  or  by  any  other  person 
or  persons,  except  for  the  purpose  hereinbefore  stipulated,  then 
iu  that  event  this  ordinance  shall  become  null  and  void. 

Sec.  2.  This  ordinance  shall  be  subject  to  the  provisions 
and  conditions  of  general  Ordinance  No.  4285  so  far  as  they 
are  applicable,  and  the  grant  herein  shall  be  for  the  period  of 
ten  years. 

NO.  128.  Passed  January  24,  1898. 

To  give  to  Hudepohl  & Kotte,  proprietors  of  the  Buckeye  Brewery, 
a license  to  maintain  electric-light  wires  upon  the  terms  of  and 
in  accordance  with  the  conditions  of  Ordinance  No.  4285  of  the 
Board  of  Legislation. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincimiati : 

SEC.  1.  That  Hudepohl  & Kotte,  proprietors  of  the  Buckeye 
Brewery,  are  hereby  granted  the  right  to  have  and  maintain 
electric- light  wires  as  follows:  Two  wires  from  their  office, 


474 


Ordinances  of  the  City  of  Cincinnati 


No.  46  Hast  McMicken  Avenue,  crossing  Hurst  Alley,  to  the 
brewery  premises  in  rear  of  said  office,  upon  the  terms  of  and 
in  accordance  with  conditions  of  general  Ordinance  No.  4285 
of  the  Board  of  Legislation. 

Sec.  2.  This  grant  shall  be  for  the  period  of  twenty-five 
years  ; and  it  is  provided  that  said  wires  shall  be  used  exclu- 
sively for  the  purposes  of  the  Buckeye  Brewery  and  by  no  one 
else,  and  no  current  for  any  purpose  whatsoever  to  be  sold  or 
given  away  by  them,  or  to  be  transmitted  by  said  wires  to  any 
other  corporation,  firm,  person,  or  persons  whomsoever;  and 
in  case  said  wires  are  used  by  said  Hudepohl  & Kotte,  or  any 
other  person  or  persons,  except  for  the  purpose  hereinbefore 
stipulated,  then  in  that  event  this  ordinance  shall  become  null 
and  void. 

No.  129.  Passed  January  24,  1898. 

To  give  to  Hudepohl  & Kotte,  proprietors  of  the  Buckeye  Brewery, 
a license  to  maintain  two  telephone  wires  upon  the  terms  of  and 
in  accordance  with  the  conditions  of  Ordinance  No.  732  of  the 
Board  of  Legislation,  passed  January  26,  1894. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati : 

Sec.  1.  That  a license  is  hereby  granted  to  Hudepohl  & Kotte, 
proprietors  of  the  Buckeye  Brewery,  to  maintain  two  telephone 
wires  from  their  office,  No.  46  East  McMicken  Avenue,  cross- 
ing Hurst  Alley,  to  the  brewery  premises,  in  rear  of  said  office, 
upon  the  terms  of  and  in  accordance  with  the  conditions  of 
Ordinance  No.  732  of  the  Board  of  Legislation,  passed  January 
26,  1894. 

Sec.  2.  This  grant  shall  be  for  a period  of  twenty-five  years  ; 
and  it  is  provided  that  said  wires  shall  be  used  exclusively  for 
the  purposes  of  the  Buckeye  Brewery  in  the  conduct  of  the 
business  of  that  establishment ; and  in  case  said  wires  are  used 
by  said  Hudepohl  & Kotte,  or  by  any  other  person  or  persons, 
except  for  the  purpose  of  telephone  as  here  specified,  then  and 
in  that  event  this  grant  shall  become  null  and  void. 


Ordinances  of  the  City  of  Cincinnati 


475 


No.  140.  Passed  February  7,  1898. 

Granting-  to  the  Jung-  Brewing  Company  of  Cincinnati,  O.,  the  right 
to  have  and  maintain  electric -light  wires  across  Freeman  Avenue, 
Bogen  Alley,  and  Bank  Street. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati : 

SEC.  1.  That  the  Jnng  Brewing  Company  of  Cincinnati, 
Ohio,  be  and  it  is  hereby  granted  the  right  to  have  and  main- 
tain not  more  than  two  electric-light  wires  from  the  brewery 
building,  located  on  the  west  side  of  Freeman  Avenue,  between 
Garden  and  Bank  streets,  across  Freeman  Avenue,  to  the  build- 
ing on  the  east  side  of  Freeman  Avenue,  opposite  the  southeast 
corner  of  said  brewery  building  ; also  the  right  to  have  and 
maintain  not  more  than  two  electric  - light  wires  from  the 
brewery  building  aforesaid  across  Bank  Street ; thence  across 
the  roofs  of  the  buildings  on  the  north  side  of  Bank  Street  and 
the  west  side  of  Freeman  Avenue  to  a point  opposite  the  stable 
and  storage  building  of  the  Jung  Brewing  Company,  located 
on  the  east  side  of  Freeman  Avenue,  between  Bank  Street  and 
Central  Avenue  ; thence  across  Freeman  Avenue  to  said  stable 
and  storage  buildings ; also  the  right  to  have  and  maintain  not 
more  than  two  electric  - light  wires  from  the  brewery  build- 
ing aforesaid  across  Bank  Street;  thence  over  the  tops  of  the 
houses  on  the  north  side  of  Bank  Street  to  the  building  on 
the  northeast  corner  of  Bank  and  Kindle  streets ; also  the 
right  to  have  and  maintain  not  more  than  two  electric-light 
wires  from  the  said  brewery  building  across  Bogen  Alley,  in 
the  rear  of  said  brewery,  and  running  from  Garden  to  Bank 
Street ; all  of  said  premises  being  used  entirely  or  in  part  by 
the  said  Jung  Brewing  Company  in  the  conduct  of  its  busi- 
ness; and  provided  that  the  electric  current  transmitted  over 
the  aforesaid  electric-light  wires  is  to  be  used  exclusively  by 
the  Jung  Brewing  Company  and  by  no  one  else,  and  no  current 
is  to  be  sold  by  the  Jung  Brewing  Company  to  any  person  or 
persons. 

SEC.  2.  This  ordinance  shall  be  subject  to  all  the  provi- 
sions and  conditions  of  general  Ordinance  No.  4285  as  far  as 


476 


Ordinances  of  the  City  of  Cincinnati 


they  are  applicable,  and  the  grant  hereby  shall  be  for  the 
period  of  ten  years. 

No.  167.  Passed  April  4,  1898. 

To  give  to  the  Windisch-Muhlhauser  Brewing  Company  a license  to 
maintain  wires  within  the  corporate  limits  of  the  City  of  Cincin- 
nati, upon  the  terms  of  and  in  accordance  with  Ordinance  No.  732 
passed  January  26,  1894,  and  entitled  “An  ordinance  prescribing 
the  terms  and  conditions  upon  which  the  business  of  all  tele- 
phone, telegraph,  burglar  - alarm,  fire  - alarm,  district  messenger, 
and  signaling  purposes  may  be  engaged  in  within  the  corporate 
limits  of  the  City  of  Cincinnati  by  any  person,  company,  or  corpo- 
ration securing  permission  by  special  ordinance  so  to  engage.” 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati : 

Sec.  1.  That  a license  be  granted  to  the  Windisch-Muhl- 
liauser  Brewing  Company  to  transact  and  maintain  for  the 
conduct  of  their  business  for  the  period  of  twenty-five  years, 
upon  the  terms  and  conditions  of  and  in  accordance  with  the 
said  Ordinance  No.  732,  the  following-named  wires:  Five  wires 
from  southwest  corner  of  Liberty  and  Plum  streets  to  stables 
along  west  side  of  Plum  north  of  Oliver  Street ; four  wires  from 
the  southwest  corner  of  Liberty  and  Plum  streets  to  the  store- 
room at  the  northeast  corner  of  Liberty  and  Plum  streets  ; three 
wires  from  the  northeast  corner  of  Liberty  and  Plum  streets  to 
stables  along  west  side  of  Plum  Street  north  of  Oliver  Street ; 
seven  wires  from  the  west  side  of  Canal  between  Liberty  and 
Wade  streets  to  the  east  side  of  Canal  between  Liberty  and 
Wade  streets ; eight  wires  from  the  north  side  of  Wade  to  the 
south  side  of  Wade  Street,  between  Canal  and  Providence 
streets  ; four  wires  underground  from  the  north  side  of  Wade 
to  the  south  side  of  Wade  Street,  between  Plum  and  Provi- 
dence streets.  Said  wires  to  be  used  exclusively  by  the  said 
the  Windisch-Muhlhauser  Brewing  Company,  and  by  them 
only  in  the  conduct  of  their  own  business.  In  case  said  wires 
are  used  by  the  said  Windisch-Muhlhauser  Brewing  Company, 
or  by  any  other  person  or  persons,  except  for  the  purpose  here- 
inbefore stipulated,  then  in  that  event  this  ordinance  shall 
become  null  and  void.  This  company  shall  file  quarterly  with 


Ordinances  of  the  City  of  Cincinnati 


477 


the  Board  of  Administration  a statement  and  plan,  showing 
any  alteration,  additions,  or  extensions  of  their  system  ; also 
the  number  of  each  building  said  wires  are  attached  to.  This 
company  shall  obtain  a permit  from  the  Board  of  Administra- 
tion before  erecting  any  wire,  brackets,  or  supports. 

NO.  181.  Passed  May  16,  1898. 

Granting  to  Henry  J.  Kreiss  the  right  to  string  and  maintain  a 
telephone  wire. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati: 

Sec.  1.  That  Henry  J.  Kreiss  be  and  he  is  hereby  granted 
the  right  to  string  and  maintain  a telephone  wire,  running 
from  his  news  depot,  No.  2205  Eighth  Street,  across  said 
street  to  the  house  of  B.  Kuhlman,  known  as  No.  2139  Eighth 
Street ; thence  to  the  house  of  O.  E.  Platt,  at  the  northwest 
corner  of  Eighth  and  State  Avenue ; and  thence  to  the  house 
of  Henry  Bertling,  No.  815  State  Avenue. 

Sec.  2.  The  period  of  this  grant  shall  be  five  years  from 
the  date  of  the  passage  of  this  ordinance, 

NO.  243.  Passed  May  23,  1898. 

To  grant  a license  under  the  terms  of  Ordinance  No.  732,  passed 
January  26,  1894,  to  F.  D.  Schopper. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati  : 

SEC.  1.  That  a license  to  transact  his  business  of  telephone, 
telegraph,  burglar -alarm,  fire-alarm,  district  messenger,  and 
signaling  devices,  for  the  period  of  twenty-five  years,  upon 
the  terms  and  conditions  of  and  in  accordance  with  Ordinance 
No.  732  of  the  Board  of  Legislation,  passed  January  26,  1894, 
be  and  the  same  is  hereby  granted  to  F.  D.  Schopper  of  Cin- 
cinnati, O.,  provided  he  shall,  within  ten  days  following  the 
passage  of  this  ordinance,  file  with  the  Board  of  Administration 
or  its  successors  a good  and  sufficient  bond,  in  the  sum  of  five 
thousand  dollars,  that  he  will  comply  with  the  terms  of  said 
Ordinance  No.  732,  and  that  he  will  protect  the  city  of  Cincin- 


478 


Ordinances  of  the  City  of  Cincinnati 


nati  against  claims  for  damages  that  may  arise  from  the  placing 
and  use  of  wires  by  said  person.  He  shall  file  quarterly  with 
the  Board  of  Administration  or  its  successors  a statement  and 
plan  showing  any  alteration,  additions,  or  extensions  of  his 
system,  and  the  number  of  each  building  to  which  wires  are 
attached.  He  shall  obtain  a permit  from  the  Board  of  Admin- 
istration or  its  successors  before  erecting  any  wires,  brackets, 
or  supports.  Samples  of  wires,  brackets,  and  supports  to  be 
used  shall  be  submitted  to  the  Board  of  Administration  or  its 
successors  for  approval  before  being  strung  and  erected. 

No.  202.  Passed  June  27,  1898. 

To  grant  to  James  Heekin  & Co.  the  right  to  string  and  maintain 
a fire  - alarm  wire. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati : 

Sec.  1.  That  permission  is  hereby  granted  to  James  Heekin 
& Co.  to  string  and  maintain  a wire  connecting  their  premises 
at  the  northwest  corner  of  Walnut  and  Water  streets  with 
engine-house  No.  1 of  the  Cincinnati  Fire  Department,  at  the 
northeast  corner  of  Race  and  Commerce  streets,  for  the  purpose 
of  private  fire-alarm,  and  for  no  other  purpose  whatsoever. 

SEC.  2.  This  grant  shall  be  for  a period  of  twenty  years, 
under  the  terms  and  conditions  of  Ordinance  No.  732  of  the 
Board  of  Legislation,  passed  January  26,  1894. 

No.  294.  Passed  March  27,  1899. 

To  give  to  A.  Becker  a license  to  transact  business  upon  the  terms 
of  and  in  accordance  with  Ordinance  No.  732,  passed  January  26, 
1894,  and  entitled  “An  ordinance  prescribing  the  terms  and  con- 
ditions upon  which  the  business  of  all  the  telephone,  telegraph, 
burglar  - alarm,  fire  - alarm,  district  messenger,  and  signaling  pur- 
poses may  be  engaged  in  within  the  corporate  limits  of  the  City 
of  Cincinnati  by  any  person,  company,  or  corporation  securing 
permission  by  special  ordinance  so  to  engage.” 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati: 

SEC.  1.  Whereas  A.  Becker  was  in  existence  and  doing 
business  on  the  26tli  day  of  January,  1894,  said  day  being  the 
time  of  the  passage  of  Ordinance  No.  732,  that  a license  to 


Ordinances  of  the  City  of  Cincinnati 


479 


transact  his  business  for  the  period  of  twenty-five  years,  upon 
the  terms  and  conditions  and  in  accordance  with  the  said  Ordi- 
nance No.  732,  entitled  “An  ordinance  prescribing  the  terms 
and  conditions  upon  which  the  business  of  telephone,  telegraph, 
burglar  - alarm,  fire-alarm,  district  messenger,  and  signaling 
purposes  may  be  engaged  in  within  the  corporate  limits  of 
the  city  of  Cincinnati  by  any  person,  company,  or  corporation 
securing  permission  by  special  ordinance  so  to  engage,”  be 
and  the  same  is  hereby  granted  to  A.  Becker  of  Cincinnati, 
Ohio,  provided  said  person  shall  within  ten  days  following  the 
passage  of  this  ordinance  file  with  the  Board  of  City  Affairs 
a good  and  sufficient  bond,  in  the  sum  of  five  thousand  dollars, 
that  said  person  will  comply  with  the  terms  of  said  Ordinance 
No.  732,  and  that  he  will  protect  the  city  of  Cincinnati  against 
claims  for  damages  that  may  arise  from  the  placing  and  use 
of  the  wires  of  said  person.  This  person  shall  file  quarterly 
with  the  Board  of  City  Affairs  a statement  and  plan  showing 
any  alteration,  additions,  or  extensions  of  his  system  ; also 
the  number  of  each  building  said  wires  are  attached  to.  This 
person  shall  obtain  a permit  from  the  Board  of  City  Affairs 
before  erecting  any  wire,  brackets,  or  supports.  A sample  of 
wire,  brackets,  and  supports  to  be  used  shall  be  submitted  to 
the  Board  of  City  Affairs  for  approval  before  strung  or  erected. 

NO.  300.  Passed  May  1,  1899. 

Providing-  for  the  stringing  of  wires  by  Daniel  J.  Dalton. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati : 

Sec.  1.  That  a license  to  transact  his  business  for  the 
period  of  twenty  - five  years  upon  the  terms  and  conditions 
and  in  accordance  with  Ordinance  No.  732,  entitled  “An  ordi- 
nance prescribing  the  terms  and  conditions  under  which  the 
business  of  telephone,  telegraph,  burglar -alarm,  fire-alarm, 
district  messenger,  and  signaling  purposes  may  be  engaged  in 
within  the  corporate  limits  of  the  city  of  Cincinnati  by  any 
person,  company,  or  corporation  securing  permission  by  special 


480 


Ordinances  of  the  City  of  Cincinnati 


ordinance  so  to  engage,”  be  and  the  same  is  granted  Daniel  J. 
Dalton  of  Cincinnati,  Ohio,  provided  said  person  shall  within 
ten  days  following  the  passage  of  this  ordinance  file  with  the 
Board  of  City  Affairs  a good  and  sufficient  bond,  in  the  sum  of 
two  thousand  dollars,  that  said  person  will  comply  with  the 
terms  of  said  Ordinance  No.  732,  and  that  he  will  protect  the 
city  of  Cincinnati  against  claims  for  damages  that  may  arise 
from  the  placing  and  use  of  the  wires  of  said  person.  This 
person  shall  file  quarterly  with  the  Board  of  City  Affairs  a 
statement  and  plan  showing  any  alteration,  additions,  or  ex- 
tensions of  his  system  ; also  the  number  of  each  building  said 
wires  are  attached  to.  This  person  shall  obtain  a permit  from 
the  Board  of  City  Affairs  before  erecting  any  wire,  brackets,  or 
supports.  A sample  of  wire,  brackets,  and  supports  to  be  used 
shall  be  submitted  to  the  Board  of  City  Affairs  for  approval 
before  strung  or  erected. 

No.  318.  Passed  June  5,  1899. 

Granting-  Cohen  & Co.  the  right  to  have  and  maintain  one  electric 
wire  across  Sixth  Street,  between  Elm  and  Race  streets. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati: 

SEC.  1.  That  Cohen  & Co.  be  and  they  are  hereby  granted 
right  to  have  and  maintain  one  electric  wire,  of  the  size  now 
in  use,  across  Sixth  Street,  between  Race  and  Him  streets,  in 
the  city  of  Cincinnati ; said  wire  to  remain  as  now  located  and 
for  the  transmission  of  current  as  now  in  use. 

Sec.  2.  This  ordinance  shall  be  subject  to  the  provisions 
and  limitations  contained  in  general  Ordinance  No.  4285  so 
far  as  the  same  are  applicable,  and  the  grants  herein  shall  be 
for  a period  of  ten  years. 

SEC.  3.  Be  it  further  ordained  that  in  the  event  of  the 
wires  being  changed  or  the  current  being  used  for  any  other 
purpose  than  that  now  existing,  then  this  ordinance  shall  be 
null  and  void. 


Ordinances  of  the  City  of  Cincinnati 


481 


No.  331.  Passed  June  26,  1899. 

Granting1  to  Thomas  J.  Emery  and  John  J.  Emery  and  their  heirs 
the  right  to  have  and  maintain  electric  wires  under  Vine  Street, 
between  Fourth  and  Fifth  streets. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati : 

Sec.  1.  That  Thomas  J.  Emery  and  John  J.  Emery  and 
their  heirs  be  and  they  hereby  are  granted  the  right  to  have 
and  maintain  electric-light  wires  under  Vine  Street,  between 
Fourth  and  Fifth  streets ; said  wires  to  be  from  the  premises 
on  the  west  side  of  Vine  Street,  upon  which  is  situated  what 
is  known  as  the  Arcade  or  Emery-Hotel  building,  in  which 
premises  the  said  Thomas  J.  Emery  and  John  J.  Emery  are 
interested,  to  other  premises  now  owned  or  leased  by  them  on 
the  east  side  of  Vine  Street;  provided  that  the  electric  current 
which  may  be  transmitted  through  or  over  the  aforesaid  wires 
is  to  be  used  exclusively  either  by  the  said  Thomas  J.  Emery 
and  John  J.  Emery  or  either  of  them,  or  their  or  either  of  their 
heirs,  or  by  their  or  either  of  their  tenants,  and  by  no  one  else ; 
and  no  current  transmitted  over  such  wires  shall  be  sold  by  the 
said  Thomas  J.  Emery  and  John  J.  Emery  or  either  of  them,  or 
by  their  heirs  or  either  of  their  heirs,  to  any  person  or  persons 
other  than  to  their  or  his  tenant  or  tenants. 

SEC.  2.  This  ordinance  shall  be  subject  to  the  provisions 
and  conditions  of  the  general  Ordinance  No.  4285  so  far  as 
applicable,  and  the  grant  herein  shall  be  for  the  period  of  ten 
years. 

No.  364.  Passed  September  5,  1899. 

Granting  to  the  firm  of  Sauerston  & Brown  the  right  to  have  and 
maintain  not  more  than  one  electric-light  wire  across  Elm  Street, 
between  Court  and  Ninth  streets. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati : 

Sec.  1.  That  the  firm  of  Sauerston  & Brown  be  and  they 
hereby  are  granted  the  right  to  have  and  maintain  not  more 
than  one  electric-light  wire  across  Elm  Street,  between  Ninth 
and  Court  streets,  in  the  city  of  Cincinnati,  and  said  wire  to 


482 


Ordinances  of  the  City  of  Cincinnati 


be  strung  from  the  building  Nos.  920  and  922  Elm  Street,  in 
which  their  office  now  is,  to  the  building  No.  812  Richmond 
Street,  in  which  their  warerooms  now  are,  and  to  such  adjoin- 
ing premises  as  may  hereafter  be  used  by  them  in  the  conduct 
of  their  business  ; and  provided  that  the  electric  current  trans- 
mitted over  the  aforesaid  wire  is  to  be  used  exclusively  by 
the  aforesaid  firm  of  Sauerston  & Brown,  and  by  no  one  else; 
and  no  current  to  be  sold  by  them  to  any  other  person  or 
persons. 

Sec.  2.  This  ordinance  shall  be  subject  to  the  provisions 
and  conditions  of  the  general  Ordinance  No.  4285  as  far  as  they 
are  applicable,  and  the  grant  herein  shall  be  for  the  period  of 
ten  years. 

No.  428.  Passed  February  19,  1900. 

Granting-  to  the  Arctic  Ice  Company  the  right  to  have  and  maintain 
electric  wires  across  Mathers  Street. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati : 

Sec.  1 That  there  be  and  is  hereby  granted  to  the  Arctic 
Ice  Company,  a corporation,  the  right  to  have  and  maintain 
four  electric  wires  over  and  across  Mathers  Street,  between  the 
premises  of  said  company  on  the  east  side  of  said  Mathers 
Street  and  its  premises  on  the  west  side  of  said  Mathers  Street; 
provided  that  said  wires  shall  be  used  only  for  the  transmission 
of  electric  current  to  be  used  in  the  conduct  of  the  business  of 
said  company  for  lighting,  power,  and  telephone  purposes,  and 
that  no  electric  current  transmitted  by  said  wires  shall  be  sold 
or  given  away,  or  be  transmitted  by  said  wires  to  any  other 
corporation,  firm,  person,  or  persons  whomsoever;  and  in  case 
said  wires  are  used  by  said  Arctic  Company,  or  by  any  other 
person  or  persons,  except  for  the  purpose  hereinbefore  stipu- 
lated, then  and  in  that  event  this  ordinance  shall  become  null 
and  void. 

Sec.  2.  That  the  rights  hereby  granted  shall  continue  for 
ten  years  from  the  date  of  the  passage  of  this  ordinance,  and 


Ordinances  of  the  City  of  Cincinnati 


483 


that  the  exercise  thereof  shall  be  subject  to  the  provisions  of 
general  Ordinance  No.  732  and  general  Ordinance  No.  4285  of 
the  city  of  Cincinnati  so  far  as  the  same  are  applicable. 

No.  432.  Passed  February  26,  1900. 

Granting-  to  Joseph  C.  Butler  the  right  to  lay  and  maintain  electric 
wires  across  and  beneath  Thorpe  Alley. 

Be  it  ordained  by  the  Board  oj  Legislation  of  Cincinnati: 

Sec.  1.  That  the  right  is  hereby  granted  to  Joseph  C. 
Butler,  his  heirs  or  assigns,  to  lay  and  maintain  wires  beneath 
Thorpe  Alley,  at  a distance  of  sixteen  feet  below  the  surface 
thereof,  in  such  manner  as  to  connect  his  building  fronting  on 
the  south  side  of  Sixth  Street  with  the  rooms  of  the  Cincinnati 
Gymnasium,  for  the  purpose  of  furnishing  electric  light  thereto, 
and  for  no  other  purpose  whatsoever. 

SEC.  2.  This  right  shall  be  for  the  period  of  twenty  years, 
and  shall  then  expire;  provided,  however,  that  in  event  of  its 
interfering  at  any  time  with  the  contract  obligations  of  the  city 
of  Cincinnati,  or  with  the  regular  and  legitimate  operations  of 
any  of  its  departments,  then  and  in  that  event  it  shall  cease 
and  determine. 

[Note. — Repealed  by  Ordinance  No.  839,  passed  May  5, 1902.] 


No.  451.  Passed  March  26,  1900. 

Granting  to  the  Wilmer  Building  Company  the  right  to  have  and 
maintain  not  more  than  two  electric-light  wires,  extending  from 
the  Nevada  Building,  at  the  southeast  corner  of  Fifth  and  Syca- 
more streets,  to  the  Dakota  Building,  at  the  northwest  corner  of 
Fifth  and  Sycamore  streets. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati : 

Sec.  1.  That  the  Wilmer  Building  Company  be  and  they 
are  hereby  granted  the  right  to  have  and  maintain  not  more 
than  two  electric-light  wires,  extending  from  the  Nevada  Build- 
ing, at  the  southeast  corner  of  Fifth  and  Sycamore  streets,  to 
the  Dakota  Building,  at  the  northwest  corner  of  Fifth  and 
Sycamore  streets.  Said  wires  are  to  be  used  exclusively  by 


484 


Ordinances  of  the  City  of  Cincinnati 


the  Wilmer  Building  Company,  and  by  them  only  in  the  con- 
duct of  their  business  ; and  provided  that  the  electric  current 
transmitted  over  the  aforesaid  wires  is  to  be  used  only  by  the 
said  the  Wilmer  Building  Company  and  by  no  one  else ; and 
no  current  for  any  purpose  whatsoever  is  to  be  sold  or  given 
away  by  them,  or  be  transmitted  to  any  other  corporation, 
firm,  person,  or  persons  whomsoever  ; and  in  case  said  wires 
are  used  by  the  said  the  Wilmer  Building  Company,  or  by  any 
other  corporation,  firm,  person,  or  persons,  except  for  the  pur- 
pose hereinbefore  stipulated,  then  in  that  event  this  ordinance 
shall  become  null  and  void. 

Sec.  2.  This  ordinance  shall  be  subject  to  the  provisions 
and  conditions  of  general  Ordinance  No.  4285  in  so  far  as  they 
are  applicable,  and  the  grant  herein  shall  be  for  the  period  of 
twenty  years. 

No.  1196.  Passed  March  29,  1897. 

Granting-  to  the  St.  Clair  Cab  and  Mounted  Messenger  Company  a 
license  to  transact  business  under  the  terms  of  and  in  accordance 
with  the  conditions  of  Ordinance  No.  732  of  the  Board  of  Legisla- 
tion of  the  City  of  Cincinnati,  passed  January  26,  1894. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati : 

Sec.  1.  That  a license  to  transact  its  business  for  the 
period  of  ten  years,  under  the  terms  and  conditions  of  and  in 
accordance  with  an  ordinance  numbered  732  of  the  Board  of 
Legislation,  and  entitled  “An  ordinance  prescribing  the  terms 
and  conditions  under  which  the  business  of  telephone,  tele- 
graph, burglar  - alarm,  fire-alarm,  district  messenger,  and 
signaling  purposes  may  be  engaged  in  within  the  corporate 
limits  of  the  city  of  Cincinnati  by  any  person,  company,  or 
corporation  securing  permission  by  special  ordinance  so  to 
engage,  and  to  repeal  Ordinance  No.  683,  passed  November  17, 
1893,”  be  and  the  same  is  hereby  granted  to  the  St.  Clair  Cab 
and  Mounted  Messenger  Company,  provided  said  St.  Clair 
Cab  and  Mounted  Messenger  Company  shall  within  ten  days 
following  the  passage  of  this  ordinance  file  with  the  Board 
of  Administration  a good  and  sufficient  bond,  in  the  sum  of 


Ordinances  of  the  City  of  Cincinnati 


485 


five  thousand  dollars,  that  said  company  will  comply  with  the 
terms  of  said  Ordinance  No.  732,  and  that  it  will  protect  the 
city  of  Cincinnati  against  claims  for  damages  that  may  arise 
from  the  placing  and  use  of  the  wires  of  said  St.  Clair  Cab  and 
Mounted  Messenger  Company. 

No.  1198.  Passed  March  29,  1897. 

To  give  unto  the  American  Cab  Company  a license  to  transact  busi- 
ness upon  the  terms  and  in  accordance  with  Ordinance  No.  732, 
passed  January  26,  1894,  and  entitled  “An  ordinance  prescribing 
the  terms  and  conditions  upon  which  the  business  of  all  telephone, 
telegraph,  burglar-alarm,  fire-alarm,  district  messenger,  and  sig- 
naling purposes  may  be  engaged  in  within  the  corporate  limits 
of  the  City  of  Cincinnati  by  any  person,  company,  or  corporation 
securing  permission  by  special  ordinance  so  to  engage.” 

Whereas  the  American  Cab  Company  was  in  existence  on 
the  26th  day  of  January,  1894,  said  day  being  the  time  of  the 
passage  of  Ordinance  No.  732;  and  whereas  said  American  Cab 
Company  did  March  6,  1894,  give  notice  of  its  acceptance  of 
said  Ordinance  No.  732;  therefore  be  it  ordained  by  the  Board 
of  Legislation  of  Cincinnati  : 

Sec.  1.  That  a license  to  transact  its  business  for  the 
period  of  twenty  - five  years  upon  the  terms  and  conditions 
and  in  accordance  with  the  said  Ordinance  No.  732,  entitled 
“An  ordinance  prescribing  the  terms  and  conditions  under 
which  the  business  of  telephone,  telegraph,  burglar  - alarm, 
fire-alarm,  district  messenger,  and  signaling  purposes  may  be 
engaged  in  within  the  corporate  limits  of  the  city  of  Cincinnati 
by  any  person,  company,  or  corporation  securing  permission  by 
special  ordinance  so  to  engage,”  be  and  the  same  is  granted 
to  the  American  Cab  Company  of  Cincinnati,  Ohio,  provided 
said  American  Cab  Company  shall  within  ten  days  following 
the  passage  of  this  ordinance  file  with  the  Board  of  Adminis- 
tration a good  and  sufficient  bond,  in  the  sum  of  five  thousand 
dollars,  that  said  company  will  comply  with  the  terms  of  said 
Ordinance  No.  732,  and  that  it  will  protect  the  city  of  Cincin- 
nati against  claims  for  damages  that  may  arise  from  the  placing 
and  use  of  the  wires  of  said  American  Cab  Company. 


486 


Ordinances  of  the  City  of  Cincinnati 


A RESOLUTION.  Passed  by  Common  Council,  March  12,  1873. 

To  grant  permission  to  the  City  and  Suburban  Telegraph  Associa- 
tion and  others  to  erect  telegraph  lines. * 

Resolved , That  the  City  and  Suburban  Telegraph  Associa- 
tion have  permission  to  erect  poles  and  private  telegraph  lines 
in  the  streets  of  the  city,  to  be  placed  under  the  direction  of 
the  city  civil  engineer ; provided  that  all  poles  shall  be  peeled 
and  pointed,  of  not  less  than  thirty  feet  in  height  nor  less  than 
six  inches  in  diameter  at  the  top,  that  the  base  of  the  poles 
shall  be  set  at  least  three  feet  below  the  surface  of  the  street, 
and  that  there  shall  not  be  more  than  three  of  such  poles 
located  on  any  one  square  ; provided  also  that  the  City  and 
Suburban  Telegraph  Association  shall  file  a written  acceptance 
of  the  terms  of  this  resolution  with  the  city  clerk,  and  enter 
into  a good  and  sufficient  bond,  in  the  sum  of  fifty  thousand 
dollars,  to  the  satisfaction  of  the  city  auditor,  conditioned  to 
put  the  street  where  such  poles  are  placed  in  as  good  condition 
as  before  their  erection  ; provided  further  that  whenever  it 
shall  become  necessary  to  occupy  these  poles  with  the  wires 
of  the  fire  and  police  telegraph  of  the  city,  such  occupancy 
shall  be  free  of  expense  to  the  city,  except  such  expense  as 
becomes  necessary  by  reason  of  such  change  ; and  provided 
further  that  said  association  reserves  for  the  use  of  the  fire 
and  police  telegraph  four  inches  of  the  top  of  each  pole  erected 
under  the  provisions  of  this  resolution  ; and  provided  further 
that  any  individual,  firm,  or  corporation  shall  have  the  right 
to  attach  wires  to  said  poles  upon  the  payment  to  said  associa- 
tion of  the  prorata  cost  of  said  lines,  and  such  attachment 
shall  be  made  as  directed  by  said  association,  the  object  being 
to  avoid  the  placing  of  duplicate  posts  or  lines  of  posts  on  the 
streets. 


* This  is  inserted  because  it  did  not  appear  in  Coppock  & Hertenstein. 


Ordinances  of  the  City  of  Cincinnati 


487 


No.  270.  Passed  February  13,  1899. 

To  provide  for  the  submission  to  vote  at  the  next  municipal  election 
of  a proposition  to  purchase  and  appropriate  for  park  purposes 
the  real  estate  known  as  the  Zoological  Garden. 

[Note.  — The  vote  on  this  question  resulted  in  27,926  yeas  and 
11,840  nays,  carrying  it.  The  appropriation  has  not  yet  been 
ordered.] 

NO.  103.  Passed  September  18,  1891. 

To  make  it  unlawful  for  any  person  or  persons  to  dig-  up  or  destroy, 
or  to  take  or  carry  away,  or  to  sell  or  to  dispose  of  any  rock, 
stone,  dirt,  or  other  material  in  any  road,  street,  water  - course, 
or  creek  within  the  city  limits. 

Be  it  ordained  by  the  Board  of  Legislcttion  of  Cincinnati : 

Sec.  1.  That  it  shall  be  unlawful  for  any  person  or  persons 
to  dig  up  or  in  any  manner  destroy  or  injure  any  road,  street, 
public  water-course,  or  creek  within  the  city  limits,  or  to  take 
or  carry  away  from  any  such  road,  street,  public  water-course, 
or  creek  within  such  city  limits  any  stone,  rock,  dirt,  or  other 
material  therein,  or  to  sell  therefrom  any  such  stone,  rock, 
earth,  or  other  material,  such  person  or  persons  not  being  the 
owner  thereof  ; and  any  person  guilty  of  violating  the  provi- 
sions of  this  ordinance  shall,  upon  conviction  in  the  Police 
Court  of  the  city,  be  fined  in  any  sum  not  exceeding  fifty 
dollars,  or  imprisoned  in  the  City  Workhouse  not  exceeding 
thirty  days,  or  both  fined  and  imprisoned,  for  each  and  every 
such  offense. 

No.  740.  Passed  October  21,  1901. 

To  prevent  the  unnecessary  waste  of  water. 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati: 

SEC.  1.  That  from  and  after  the  passage  of  this  ordinance 
it  shall  be  unlawful  for  any  person  or  persons  within  the 
corporate  limits  of  the  city  of  Cincinnati  to  leave  open  any 
hydrant  or  faucet  connected  with  the  city  waterworks,  so  as 
to  allow  the  flow  of  water,  when  such  water  is  not  being  used 
or  consumed  by  such  person  or  persons. 


488 


Ordinances  of  the  City  of  Cincinnati 


SEC.  2.  Any  person  or  persons  offending  against  the  pro- 
vision of  Section  1 hereof  shall  be  guilty  of  a misdemeanor, 
and  upon  conviction  for  the  first  offense  shall  be  fined  in  a 
sum  not  more  than  five  dollars,  and  upon  conviction  for  a 
second  offense  shall  be  fined  in  a sum  not  more  than  twenty 
dollars. 

No.  111.  Passed  January  17,  1898. 

To  authorize  Thomas  A.  Quill,  his  heirs,  associates,  assigns,  or  suc- 
cessors, to  lay  pipes  in  the  streets  of  Cincinnati,  and  to  make 
connections  therewith  for  certain  purposes  and  under  the  terms 
therein  stated. 

Ordinance  held  invalid  by  Court  of  Common  Pleas,  in  case 
of  W.  M.  Ampt  vs.  Cincinnati  et.  al .,  as  not  being  authorized  by 
law  or  for  a public  purpose ; as  being  perpetual  and  exclusive ; 
as  fixing  no  limit  of  charges ; and  in  failing  to  prescribe  mode 
of  construction.  On  appeal,  held  invalid  by  the  Circuit  Court 
in  case  No.  3097,  for  the  reasons  given  by  the  court  below 
(6  O.  N.  P.  401),  except  the  one  that  the  grant  is  exclusive. 
(See  Court  Index  of  February  9,  1901.) 

No.  695.  Passed  August  5,  1901. 

Accepting  the  bid  of  the  Cincinnati  G-as  and  Electric  Company  of 
Cincinnati,  Ohio,  for  lighting  with  electric  lights  the  streets, 
lands,  lanes,  squares,  and  public  places  of  the  City  of  Cincinnati, 
as  provided  for  in  the  specifications  under  which  said  bid  was 
received/' 

Be  it  ordained  by  the  Board  of  Legislation  of  Cincinnati  : 

SEC.  1.  That  the  bid  of  the  Cincinnati  Gas  and  Electric 
Company  for  lighting  with  electric  lights  the  streets,  lands, 
lanes,  squares,  and  public  places  of  the  city  of  Cincinnati,  said 
bid  being  opened  on  July  19,  1901,  by  the  committee  on  light 
of  the  Board  of  legislation,  be  and  the  same  is  hereby  accepted, 
and  the  contract  for  lighting  said  city  in  accordance  with  the 


* Seventy- two  dollars  per  lamp  per  year  in  the  underground  district, 
and  sixty  dollars  per  lamp  per  year  in  the  overhead  district.  For  boundaries 
of  districts  see  page  127.  This  contract  was  entered  into  August  24, 1901. 


Ordinances  of  the  City  of  Cincinnati 


489 


specifications  upon  which  said  bid  was  received  is  hereby 
awarded  to  the  said  the  Cincinnati  Gas  and  Electric  Company 
of  Cincinnati,  Ohio. 

Sec.  2.  The  Board  of  Public  Service  is  hereby  authorized 
and  directed  to  contract  with  said  company  in  accordance  with 
said  bid,  and  in  accordance  with  the  specifications  under  which 
said  bid  was  made,  received,  and  opened,  for  the  time  and  in 
the  manner  provided  in  said  specifications. 

No.  703.  Passed  August  19,  1901. 

To  provide  for  the  construction  of  a new  market  - house  on  Wade 
Street,  between  John  and  Cutter  streets. 

Whereas , Under  an  act  of  the  General  Assembly  of  the 
State  of  Ohio,  passed  April  25,  1898,  the  Board  of  Public 
Service  of  the  city  of  Cincinnati  has  issued  bonds,  in  the  sum 
of  fifty  thousand  dollars,  for  the  purpose  of  raising  money  to 
construct  and  erect,  reconstruct  and  re-erect  market-houses  in 
the  market-spaces  of  said  city  ; and 

Whereas , There  is  a great  necessity  for  a market  - house 
on  the  site  of  the  old  Wade-street  Market,  between  John  and 
Cutter  streets  ; and 

Whereas , Plans  and  specifications  for  such  market  - house 
and  the  estimate  of  the  cost  thereof  have  been  made,  and 
together  with  this  ordinance  have  been  transmitted  and  recom- 
mended to  this  board  by  said  Board  of  Public  Service  : 

Now , therefore , be  it  ordained  by  the  Board  of  Legislation 
of  the  city  of  Cincinnati  : 

SEC.  1.  That  said  Board  of  Public  Service  is  hereby  author- 
ized to  erect  said  market-house  as  speedily  as  practicable. 

Sec.  2.  That  an  ordinance,  No.  512,  passed  July  17,  1900, 
entitled  “An  ordinance  to  provide  for  the  construction  of  a 
new  market-house  on  Wade  Street,  between  John  and  Cutter 
streets,”  be  and  the  same  is  hereby  repealed. 

[NOTE- — Approximate  estimate  of  cost  $27,000.] 


490 


Ordinances  of  the  City  of  Cincinnati 


No.  763.  Passed  December  23,  1901. 

To  provide  for  the  construction  of  a new  market  - house  on  Wade 
Street,  between  John  and  Cutter  streets. 

Whereas , Under  an  act  of  the  General  Assembly  of  the 
State  of  Ohio,  passed  April  25,  1898,  the  Board  of  Public 
Service  of  the  city  of  Cincinnati  has  issued  bonds,  in  the  sum 
of  fifty  thousand  dollars,  for  the  purpose  of  providing  a fund 
to  construct  and  erect,  reconstruct  and  re-erect  market-houses 
in  the  market-spaces  of  said  city  ; and 

Whereas , There  is  a great  necessity  for  a market-house  on 
the  site  of  the  old  Wade -street  Market,  between  John  and 
Cutter  streets  ; and 

Whereas , Plans  and  specifications  for  such  market -house 
and  estimate  of  cost  thereof  have  heretofore  been  approved  by 
the  Board  of  Public  Service  and  Board  of  Legislation  of  the 
city  of  Cincinnati;  and 

Whereas , It  has  since  appeared  that  the  estimated  cost  of 
construction  in  accordance  with  approved  plans  and  specifica- 
tions is  too  low  on  account  of  increase  in  market  value  of  the 
materials,  etc. : 

Therefore  be  it  ordained  by  the  Board  of  Legislation  of  the 
city  of  Cincinnati  : 

SEC.  1.  That  said  Board  of  Public  Service  is  hereby  author- 
ized to  erect  said  market-house  as  speedily  as  possible  at  a cost 
not  to  exceed  twenty-eight  thousand  dollars. 

[Market  on  this  space  abandoned,  and  small  park  to  be  laid  out 
there.] 


No.  721.  Passed  September  9,  1901. 

To  provide  for  the  repair  and  reconstruction  of  the  market-house  on 
Elder  Street,  between  Race  and  Elm  streets. 

Whereas , Under  an  act  of  the  General  Assembly  of  the 
State  of  Ohio,  passed  April  25,  1898,  the  Board  of  Public 
Service  of  the  city  of  Cincinnati  has  issued  bonds,  in  the  sum 
of  fifty  thousand  dollars,  for  the  purpose  of  raising  money  to 


Ordinances  of  the  City  of  Cincinnati 


491 


construct  and  erect,  reconstruct  and  re-erect  market-houses  in 
the  market-spaces  of  said  city ; and 

Whereas , There  is  a great  necessity  for  the  repair  and  re- 
construction of  the  market  - house  on  Elder  Street,  between 
Race  and  Elm  streets  ; and 

Whereas , Plans  and  specifications  for  the  repair  and  recon- 
struction of  said  market -house  and  estimate  of  cost  thereof 
have  been  made,  and  together  with  this  ordinance  have  been 
transmitted  and  recommended  to  this  board  by  said  Board  of 
Public  Service  : 

Now , therefore , be  it  ordained  by  the  Board  of  Legislation 
of  the  city  of  Cincinnati  : 

SEC.  1.  That  said  Board  of  Public  Service  is  herby  author- 
ized to  repair  and  reconstruct  said  market-house  as  speedily 
as  practicable. 

[Note. — Additional  appropriation  of  $4,000  by  Ordinance  No.  936, 
passed  September  29, 1902.] 


No.  1.  Passed  May  4,  1903. 

Providing-  for  officers  and  members  of  Council,  and  fixing  their  duties, 
compensation,  and  bonds. 

Be  it  ordained  by  the  Council  of  the  City  of  Cincinnati , State  of  Ohio : 

SEC.  1.  In  addition  to  the  officers  of  Council  provided  for 
by  law,  there  shall  be  the  following  employees,  whose  duties, 
compensation,  and  bond  shall  be  as  follows  : 

One  first  assistant  clerk,  who  in  event  of  the  absence 
of  the  clerk  of  the  Council  shall  act  as  clerk,  and  who 
shall  perform  such  duties  as  may,  from  time  to  time, 
be  prescribed  by  the  clerk  of  Council,  whose  compensa- 
tion shall  be  two  thousand  dollars  per  annum,  and  who 
shall  give  bond  in  the  sum  of  two  thousand  dollars. 

One  second  assistant  clerk,  whose  duties  shall  be  to 
record  transactions  of  Council  as  directed  thereto  by 
the  clerk  of  Council,  and  whose  compensation  shall  be 
fifteen  hundred  dollars  per  annum. 


492 


Ordinances  of  the  City  of  Cincinnati 


One  stenographer  and  general  clerk,  who  shall  be 
proficient  in  shorthand  and  typewriting,  whose  duties 
shall  be  to  take  and  transcribe  notes  under  direction  of 
members  of  Council  and  the  clerk  thereof,  and  such 
other  duties  as  may  be  prescribed  by  said  clerk,  and 
whose  compensation  shall  be  one  thousand  dollars  per 
annum. 

One  sergeant-at-arms,  whose  duties  shall  be  to  main- 
tain strict  order  in  the  Council  chamber  during  sessions 
of  Council,  and  at  such  times  to  execute  the  orders  of 
the  president,  the  president  pro  tern.,  or  the  chairman 
of  Council ; to  serve  all  notices  of  special  meetings  of 
Council  and  meetings  of  its  committees.  In  the  office 
of  clerk  he  shall  perform  the  duties  of  custodian  of 
records,  under  direction  of  the  clerk.  It  shall  be  his 
duty  to  take  receipts  for  all  documents  that  the  city 
officers  may  require,  and  may  by  the  clerk  be  allowed 
to  use  for  the  purpose  of  copying  or  comparison,  and 
to  cause  their  return  to  their  proper  places  in  the  file 
boxes.  It  shall  also  be  his  duty  to  attend,  as  the  clerk 
may  direct,  to  the  safe  custody  of  all  books  of  record  in 
said  office,  to  place  such  books  before  those  who  may 
have  authority  to  examine  them,  and  to  return  them  to 
their  proper  places.  And  it  shall  be  his  duty  to  protect 
all  records  in  the  clerk’s  office  from  loss  or  misplace- 
ment, and  to  this  end  he  shall  prevent  access  to  the 
vaults  of  the  clerk’s  office  and  to  other  places  of  deposit 
of  books  and  documents  of  all  persons  except  those 
directly  connected  with  that  office.  His  compensation 
shall  be  eighteen  hundred  dollars  per  annum. 

One  assistant  sergeant-at-arms,  who  in  the  absence 
of  the  sergeant-at-arms  shall  perform  all  duties  of  that 
employee,  who  at  all  other  times  shall  assist  the 
sergeant-at-arms  in  each  and  all  of  his  duties  as  the 
sergeant-at-arms  may  direct,  whose  compensation  shall 
be  fifteen  hundred  dollars  per  annum. 


Ordinances  of  the  City  of  Cincinnati 


493 


One  notice  clerk,  whose  duty  shall  be  to  serve  notices 
upon  property-owners  and  others  under  ordinances  and 
resolutions  of  Council.  His  compensation  shall  be  four- 
teen hundred  dollars  per  annum. 

SEC.  2.  The  compensation  of  the  clerk  of  Council  shall  be 
thirty-five  hundred  dollars  per  annum,  and  he  shall  give  bond 
in  the  sum  of  two  thousand  dollars. 

Sec.  3.  The  compensation  of  the  members  of  Council  shall 
be  paid  to  them  at  the  expiration  of  each  calendar  month. 
The  auditor  shall  draw  his  warrants  for  such  payments  upon 
payrolls  prepared  by  the  sergeant-at-arins. 

Sec.  4.  The  compensation  of  the  president  of  Council, 
the  clerk,  and  of  all  employees  of  Council  shall  be  paid  semi- 
monthly. The  auditor  shall  draw  his  warrants  for  such 
payments  upon  authority  of  payrolls  prepared  and  signed  by 
the  clerk  of  Council,  and  approved  by  the  president  or  the 
president  pro  tem.  thereof. 

Sec.  5.  The  following  named  ordinances  of  the  Common 
Council  and  Board  of  Legislation  of  the  city  of  Cincinnati  are 
hereby  repealed  : Ordinance  No.  4345,  passed  March  5,  1890; 
Ordinance  No.  2,  passed  May  1,  1891 ; Ordinance  No.  200, 
passed  February  5,  1892;  Ordinance  No.  454,  passed  Jannary  13, 
1893  ; Ordinance  No.  615,  passed  August  18,  1893. 

No.  26.  Passed  June  1.  1903. 

Supplementary  to  an  ordinance  entitled  “An  ordinance  providing 
for  officers  and  members  of  Council,  and  fixing-  their  duties, 
compensation,  and  bonds,”  passed  May  4,  1903. 

Be  it  ordained  by  the  Council  of  the  City  of  Cincinnati,  State  of  Ohio: 

SEC.  1.  In  addition  to  the  employees  provided  for  in  the 
ordinance  to  which  this  is  supplementary  there  shall  be  the 
following  employees,  whose  duties,  compensation,  and  bonds 
shall  be  as  follows  : Two  notice  clerks,  whose  duties  shall  be 

to  serve  notices  upon  property-owners  and  others  under  ordi- 
nances and  resolutions  of  Council.  Their  compensation  shall 
be  nine  hundred  dollars  per  year.  They  shall  each  give  bond 
in  the  sum  of  two  thousand  dollars. 


494 


Ordinances  of  the  City  of  Cincinnati 


No.  2.  Passed  May  4,  1903. 

To  provide  for  the  organization  of  the  city  solicitor’s  office. 

Be  it  ordained,  by  the  Council  of  the  City  of  Cincinnati , State  of  Ohio: 

Sec.  1.  The  city  solicitor  shall  have  power  to  appoint 
annually  the  following  subordinates  : A first  assistant,  at  a 

salary  of  $3,500  per  annum  ; a second  assistant,  at  a salary  of 
$3,000  per  annum  ; a third  assistant,  at  a salary  of  $2,400  per 
annum  ; a fourth  assistant,  at  a salary  of  $2,000  per  annum  ; 
a title  examiner,  at  a salary  of  $1,600  per  annum  ; a chief 
clerk,  at  a salary  of  $1,200  per  annum  ; a stenographer,  at  a 
salary  of  $900  per  annum  ; a clerk,  at  a salary  of  $600  per 
annum.  Said  salaries  shall  include  all  services  rendered  by 
said  subordinates  as  notary  public  in  city  cases.  The  salaries 
of  said  subordinates  shall  be  payable  semi-monthly. 

SEC.  2.  There  shall  also  be  an  additional  assistant  ap- 
pointed in  the  same  manner  and  for  the  same  time  as  provided 
in  Section  1,  whom  the  solicitor  may  designate  to  act  as 
prosecuting  attorney  of  the  police  court,  and  who  as  such  shall 
receive  such  compensation,  payable  at  such  times  and  manner, 
as  now  or  hereafter  provided  for  the  prosecuting  attorney  of 
the  Police  Court. 

Sec.  3.  Bach  assistant  shall  give  bond  in  the  sum  of  five 
thousand  dollars. 

Sec.  4.  The  city  solicitor  .shall  perform  all  the  duties 
heretofore  required  by  law  or  ordinance  of  the  corporation 
counsel,  and  shall  in  all  respects  be  the  successor  of  the  cor- 
poration counsel. 

SEC.  5.  In  the  absence  or  disability  of  the  city  solicitor, 
or  in  case  of  a vacancy  in  said  office,  said  assistant  provided 
in  Section  1 shall  perform  the  duties  of  the  city  solicitor  until 
other  provision  is  made  therefor  by  Council. 

SEC.  6.  The  office  of  the  city  solicitor  shall  be  open  from 
9 A.  m.  to  4 p.  m.,  Sundays  and  holidays  excepted,  and  the 
solicitor  or  one  of  his  assistants  provided  for  in  Section  1 shall 
be  present  at  all  meetings  of  the  Council,  and  when  notified 


Ordinances  of  the  City  of  Cincinnati 


495 


so  to  do,  in  writing,  shall  be  present  at  meetings  of  any  of  its 
committees. 

SEC.  7.  An  ordinance  entitled  “An  ordinance  to  provide 
for  the  organization  of  the  corporation  counsel’s  office,”  passed 
July  2,  1900,  is  hereby  repealed. 

No.  3.  Passed  May  4,  1903. 

To  provide  for  a supervising-  engineer’s  department,  and  to  regulate 
the  emission  of  smoke,  and  to  prevent  injury  and  annoyance 
therefrom. 

Be  it  ordained  by  the  Council  of  the  City  of  Cincinnati , State  of  Ohio : 

Sec.  1.  That  to  regulate  and  compel  the  consumption  of 
smoke  and  prevent  injury  and  annoyance  from  the  same  within 
the  corporate  limits  of  the  city  of  Cincinnati,  there  be  and 
hereby  is  created  the  supervising  engineer’s  department,  with 
the  following  officers  : One  supervising  engineer  and  one  sten- 
ographer. 

SEC.  2.  The  supervising  engineer  shall  hold  his  office  for 
the  term  of  two  years  from  and  after  the  date  of  his  appoint- 
ment, and  until  his  successor  is  appointed  and  qualified,  and 
he  shall  have  authority  to  supervise  and  require  all  steam- 
boiler  furnaces  in  such  city  to  be  constructed,  or,  if  already 
constructed,  to  be  so  altered  or  have  attached  thereto  such 
efficient  smoke  preventives  as  to  prevent  the  production  and 
emission  of  smoke  therefrom,  so  far  as  the  same  is  possible; 
and  he  shall  further  have  authority  to  supervise  the  igniting, 
making,  stoking,  feeding,  and  attending  such  steam  - boiler 
furnace  fires ; and  he  shall  also  have  authority,  in  the  per- 
formance of  the  duties  of  his  office,  to  enter  any  steam-boiler 
or  engine-room,  or  any  building  not  occupied  exclusively  as  a 
private  residence,  for  the  purpose  of  carrying  out  any  of  the 
provisions  of  this  ordinance. 

SEC.  3.  That  the  emission  into  the  open  air  of  smoke  from 
any  smoke-stack,  chimney,  or  other  part  of  any  boat,  locomo- 
tive, stationary  engine,  furnace,  boiler,  manufactory,  hotel, 
apartment -house,  building,  establishment,  place,  or  premises 


496 


Ordinances  of  the  City  of  Cincinnati 


anywhere  within  the  city  of  Cincinnati  in  such  quantity  or 
manner  as  to  cause  injury,  annoyance,  inconvenience,  or  damage 
to  the  inhabitants  of  said  city  of  Cincinnati,  or  to  their  property, 
health,  or  physical  comfort,  shall  be  deemed  and  the  same 
hereby  is  declared  to  be  a public  nuisance. 

SEC.  4.  Every  person,  firm,  association,  or  corporation  who, 
as  owner,  lessee,  agent,  occupant,  or  tenant  of  any  such  boat, 
locomotive,  stationary  engine,  furnace,  boiler,  manufactory, 
hotel,  apartment  - house,  building,  establishment,  place,  or 
premises,  and  every  manager,  officer,  director,  partner,  engi- 
neer, fireman,  or  employee  of  such  person,  firm,  association,  or 
corporation  who  shall  create  or  cause  the  nuisance  set  forth 
in  Section  3 of  this  ordinance,  or  who  shall  permit  or  suffer 
the  same  to  exist,  or  who  shall  interfere  with  the  discharge 
of  the  duties  of  the  said  supervising  engineer  as  herein  set 
forth,  shall  be  deemed  guilty  of  a misdemeanor,  and  upon  con- 
viction thereof  shall  be  fined  not  less  than  five  dollars  nor 
more  than  ten  dollars  for  the  first  offense,  and  for  each  sub- 
sequent offense  not  less  than  ten  dollars  nor  more  than  fifty 
dollars. 

SEC.  5.  It  shall  be  the  duty  of  the  supervising  engineer  to 
cause  the  enforcement  of  this  ordinance,  and  to  make  com- 
plaint against  and  cause  to  be  prosecuted  all  persons  violating 
the  same  ; and  in  so  doing  he  shall  be  assisted  by  the  chief 
of  police  and  the  health  officer  and  their  respective  depart- 
ments. 

SEC.  6.  It  shall  be  the  duty  of  the  mayor  to  notify,  in 
writing,  any  such  person,  firm,  association,  or  corporation  cre- 
ating or  causing  any  such  nuisance,  or  permitting  or  suffering 
the  same  to  exist,  to  at  once  abate  the  nuisance,  and  in  case 
said  nuisance  shall  not  be  abated  within  thirty  days  after  the 
service  of  said  notice  the  mayor,  acting  through  the  police 
force  or  other  proper  executive  officers,  may  at  once  cause  the 
same  to  be  abated. 

SEC.  8.  The  term  of  office  of  the  stenographer  shall  be 
for  one  year  from  the  date  of  appointment. 


Ordinances  of  the  City  of  Cincinnati 


497 


Sec.  9.  The  salaries  for  the  department  of  the  supervising 
engineer  shall  be  as  follows  : The  supervising  engineer  to 
receive  an  annual  salary  of  three  thousand  dollars;  the  sten- 
ographer for  the  supervising  engineer’s  department  to  receive 
an  annual  salary  of  six  hundred  dollars.  The  above  salaries 
to  be  paid  semi-monthly. 

SEC.  10.  The  supervising  engineer  shall  give  bond  in  the 
sum  of  five  thousand  dollars. 

SEC.  11.  All  ordinances  and  parts  of  ordinances  heretofore 
passed  in  regard  to  the  supervising  engineer  or  his  department 
are  hereby  repealed. 

No.  4.  Passed  May  4,  1903. 

To  provide  for  the  organization  of  the  mayor’s  office. 

Be  it  ordained  by  the  Council  of  the  City  of  Cincinnati , State  of  Ohio . 

SEC.  1.  That  the  mayor  be  and  he  is  hereby  authorized 
to  appoint  a secretary,  at  a salary  of  fifteen  hundred  dollars 
per  annum  ; a clerk,  at  a salary  of  fifteen  hundred  dollars 
per  annum  ; an  assistant  clerk,  who  shall  also  be  a stenogra- 
pher, at  a salary  of  twelve  hundred  dollars  per  annum  ; and  a 
messenger,  at  a salary  of  seven  hundred  and  twenty  dollars 
per  annum.  Said  salaries  shall  be  payable  in  semi-monthly 
installments,  and  said  appointees,  under  the  direction  of  the 
mayor,  shall  perform  such  duties  relating  to  the  mayor’s  office 
as  shall,  from  time  to  time,  be  assigned  to  each  respectively, 
and  said  appointees  shall  be  subject  to  removal  by  the  mayor 
at  any  time. 

SEC.  2.  It  shall  be  unlawful  for  the  mayor  to  assign  any 
member  of  the  police  force,  or  for  the  mayor  to  permit  any 
such  member  to  be  stationed  in  the  mayor’s  office,  for  the 
purpose  of  assisting  in  the  performance  of  any  of  the  civil 
duties  pertaining  to  said  office. 

Sec.  3.  An  ordinance  entitled  “An  ordinance  to  provide 
for  the  organization  of  the  mayor’s  office,”  passed  May  5,  1902, 
is  hereby  repealed. 


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No.  5.  Passed  May  4,  1903. 

To  establish  a Board  of  Health  and  to  regulate  its  duties. 

Be  it  ordained  by  the  Council  of  the  City  of  Cincinnati , State  of  Ohio : 

SEC.  1.  There  shall  be  a Board  of  Health,  composed  of 
five  members,  to  be  appointed  by  the  mayor  and  confirmed  by 
Council,  who  shall  serve  without  compensation,  and  the  mayor 
shall  be  president  of  such  board  by  virtue  of  his  office. 

Sec.  2.  The  term  of  office  of  the  members  of  the  board 
shall  be  five  years  from  the  date  of  appointment  and  until  their 
successors  are  appointed  and  qualified,  except  that  those  first 
appointed  shall  be  classified  as  follows  : One  to  serve  for  five 
years,  one  for  four  years,  one  for  three  years,  one  for  two 
years,  and  one  for  one  year,  and  thereafter  one  shall  be 
appointed  annually. 

Sec.  3.  Such  board  shall  have,  in  addition  to  the  powers 
and  duties  conferred  or  required  by  law,  such  powers  and  per- 
form such  duties  as  may  have  been  prescribed  by  ordinances 
heretofore  passed,  provided  always  that  such  ordinances  are 
not  inconsistent  with  law. 

[Under  this  ordinance  the  mayor  on  May  11,  1903,  appoints  the 
members  of  the  Board  of  Public  Service  to  be  the  health  board.] 

No.  8.  Passed  May  4,  1903. 

To  provide  for  the  organization  of  the  Board  of  Trustees  of  the 
Sinking  Fund  of  the  City  of  Cincinnati. 

Be  it  ordained  by  the  Council  of  the  City  of  Cincinnati,  State  of  Ohio : 

Sec.  1.  Each  trustee  of  the  Sinking  Fund  shall  give  bond 
in  the  sum  of  one  hundred  thousand  dollars. 

Sec.  2.  Said  board  is  hereby  authorized  to  elect  a secre- 
tary, who  shall  act  as  clerk,  an  assistant  secretary,  and  a 
stenographer.  The  salary  of  said  secretary  shall  be  thirty-five 
hundred  dollars  per  annum,  that  of  the  assistant  secretary 
eighteen  hundred  dollars  per  annum,  and  that  of  the  stenog- 
rapher five  hundred  and  forty  dollars  per  annum.  Said  salaries 
shall  be  paid  monthly.  The  secretary  and  assistant  secretary 


Ordinances  of  the  City  of  Cincinnati 


499 


shall  each  give  bond  in  the  sum  of  fifty  thousand  dollars.  In 
the  absence  or  disability  of  the  secretary  the  assistant  secretary 
shall  perform  all  the  duties  and  exercise  all  the  powers  of 
the  secretary.  Except,  as  prescribed  by  law  or  ordinance,  the 
secretary,  assistant  secretary,  and  stenographer  shall  perform 
such  duties  as  the  board,  as  sinking-fund  trustees  or  tax  com- 
missioners, may  prescribe. 

No.  15.  Passed  May  11,  1903. 

To  supplement  an  ordinance  entitled  “An  ordinance  to  provide  for 
the  organization  of  the  Board  of  Trustees  of  the  Sinking  Fund 
of  the  City  of  Cincinnati,”  passed  May  4,  1903. 

Be  it  ordained  by  the  Council  of  the  City  of  Cincinnati , State  of  Ohio  : 

SEC.  1.  That  the  secretary  of  the  Trustees  of  the  Sinking 
Fund  shall  attend  all  meetings  of  the  board  and  keep  an  accu- 
rate and  faithful  record  of  its  proceedings  and  transactions. 
He  shall  enter  all  financial  transactions  in  proper  books  of 
account  in  such  manner  and  system  as  shall  be  prescribed  by 
said  board,  and  shall  keep  such  other  records  and  books  as 
may  be  required  by  law  or  ordinance,  or  by  said  trustees. 

SEC.  2.  Said  secretary  shall  be  the  custodian  of  the  records 
of  said  board,  and  shall  be  responsible  for  all  the  records, 
books,  documents,  and  securities  in  said  department  for  all 
invested  sinking-fund  bonds,  matured  and  canceled  bonds 
until  their  destruction,  and  of  such  moneys  as  may  be  paid  to 
the  board  until  their  deposit  with  the  depository  designated 
by  said  board. 

Sec.  3.  Said  secretary  shall  collect  and  receipt  for  all 
moneys  due  the  said  trustees,  and  receipt  to  their  fiscal  agent 
for  all  bonds  and  coupons  matured,  paid,  and  canceled.  All 
payments  by  the  various  departments  of  the  city  to  the  Trustees 
of  the  Sinking  Fund  shall  be  made  by  check  payable  to  the 
order  of  said  trustees. 

Sec.  4.  All  bonds  of  the  city  of  Cincinnati  which  have 
been  fully  paid,  and  all  bonds  and  coupons  exchanged  for 
registered  bonds,  shall  be  destroyed  by  the  Trustees  of  the 


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Ordinances  of  the  City  of  Cincinnati 


Sinking  Fund  in  the  presence  of  not  less  than  three  of  such 
trustees,  who  shall  at  the  time  sign  a certificate  containing  a 
description  of  the  bonds  and  coupons  so  destroyed,  and  such 
certificate  shall  be  preserved  in  such  manner  as  said  board  of 
trustees  shall  prescribe. 

Sec.  5.  The  issue  of  registered  bonds  in  lieu  of  coupon 
bonds  heretofore  or  hereafter  issued  by  the  city  of  Cincinnati 
shall  be  made  by  the  Trustees  of  the  Sinking  Fund  upon  sur- 
render of  the  bonds  and  coupons  thereof  so  to  be  exchanged 
to  such  bank  in  the  city  of  Cincinnati  as  said  trustees  shall 
select  as  their  fiscal  agent  and  designated  depository. 

Sec.  6.  The  registered  bonds  so  issued  shall  be  signed  by 
the  mayor  and  president  of  the  Trustees  of  the  Sinking  Fund, 
and  shall  be  attested  by  the  city  auditor  and  the  secretary  of 
said  trustees,  and  shall  have  affixed  thereto  the  seal  of  the 
corporation. 

Sec.  7.  The  Trustees  of  the  Sinking  Fund  shall  keep  books 
in  which  shall  be  entered  the  date,  number,  series,  denomina- 
tion, and  payee  of  such  registered  bonds.  The  interest  thereon 
when  due  shall  be  paid  by  check  of  the  said  trustees  to  the 
order  of  the  payee  thereof,  as  shown  by  the  said  register. 

SEC.  8.  Registered  bonds  may  be  transferred  in  the  office 
of  the  Trustees  of  the  Sinking  Fund,  upon  the  books  of  record 
of  registration,  upon  surrender  and  cancellation  of  such  bonds 
signed  by  the  payee  thereof  or  his  duly  authorized  attorney  or 
representative. 

No.  9.  Passed  May  11,  1903. 

To  provide  a license  on  trades,  business,  and  professions  carried  on 
within  the  city  limits,  and  providing-  for  the  enforcement  and 
collection  of  fines  and  penalties  for  carrying  on  business  without 
a license  and  for  other  purposes. 

Be  it  ordained  by  the  Council  of  the  City  of  Cincinnati , State  of  Ohio  : 

SEC.  1.  No  person  shall  be  engaged  in  any  trade,  business, 
or  profession  hereinafter  mentioned  until  he  or  she  shall  have 
obtained  a license  therefor,  as  hereinafter  provided. 


Ordinances  of  the  City  of  Cincinnati 


501 


SEC.  2.  Any  person  who  shall  violate  any  of  the  provisions 
of  this  ordinance  shall  be  deemed  guilty  of  a misdemeanor, 
and  upon  conviction  thereof  shall  be  punished  by  a fine  of  not 
more  than  one  thousand  dollars  nor  less  than  fifty  dollars,  or 
by  imprisonment  for  not  more  than  six  months,  or  by  both. 

Sec.  3.  No  license  granted  or  issued  under  any  of  the 
provisions  of  this  ordinance  shall  be  in  any  manner  assignable 
or  transferable,  or  shall  authorize  any  person  other  than  is 
therein  mentioned  or  named  to  do  business,  or  shall  authorize 
any  other  business  than  is  therein  mentioned  or  named  to  be 
done  or  transacted,  or  the  business  therein  named  or  men- 
tioned to  be  done  or  transacted  at  any  place  other  than  is 
therein  mentioned  or  named,  without  permission  from  the  city 
auditor  indorsed  thereon.  The  city  auditor  shall  at  the  time  of 
granting  such  permission  immediately  record  such  change  or 
transfer  upon  the  proper  registry.  A license  for  any  business 
conducted  at  any  particular  or  fixed  locality  shall  authorize 
the  transaction  of  such  business  by  an  individual,  a firm,  or  a 
corporation.  Every  such  license  shall  specify  by  name  the 
person,  firm,  or  corporation  to  whom  or  which  it  shall  be 
issued,  and  shall  designate  the  particular  place  at  which  the 
business  shall  be  carried  on. 

SEC.  4.  All  licenses  heretofore  issued  by  the  auditor  or 
other  duly  authorized  officer,  and  now  unexpired,  shall  be  valid 
until  the  time  for  which  they  were  granted  shall  expire. 

SEC.  5.  In  all  cases  where  the  amount  of  license  to  be  paid 
by  any  person,  firm,  or  corporation  is  based  upon  or  regulated 
by  the  amount  of  sales  effected  or  business  transacted,  such 
person,  firm,  or  corporation  shall  render  a sworn  statement  to 
the  auditor  of  the  total  amount  of  sales  made  or  business  done 
by  them,  respectively,  during  the  six  months  preceding  the 
application  for  a license,  which  statement  shall  determine  the 
amount  for  which  such  license  shall  be  issued. 

SEC.  6.  upon  the  trial  of  any  criminal  action  brought 
under  or  arising  from  any  provision  or  provisions  of  this 
ordinance,  the  fact  that  the  party  thereto  represented  himself 


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Ordinances  of  the  City  of  Cincinnati 


or  herself  as  engaged  in  any  business  or  occupation  for  the 
transaction  of  which  a license  is  by  this  ordinance  required, 
or  that  such  party  exhibited  a sign  indicating  such  business 
or  calling,  shall  be  conclusive  evidence  of  the  liability  of  such 
party  to  pay  a license. 

Sec.  7.  Every  person  having  a license  under  the  provisions 
of  this  ordinance  shall  exhibit  the  same,  at  all  times  while  in 
force,  in  some  conspicuous  part  of  his  or  her  place  of  business, 
and  shall  produce  the  same  when  applying  for  a renewal,  or 
when  requested  to  produce  it  by  any  municipal  officer  or  by 
any  member  of  the  police  department.  Every  peddler  while 
engaged  in  peddling  shall  carry  his  or  her  license,  and  shall 
exhibit  the  same  if  requested  by  any  municipal  officer. 

SEC.  8.  All  licenses,  excepting  to  places  of  amusement, 
entertainment,  performances,  or  exhibitions,  shall  date  from 
the  first  day  of  January  or  July  preceding  the  date  of  their 
issue,  and  shall  be  issued  for  one  year  from  either  of  the 
aforesaid  dates.  All  licenses  for  theaters,  concert-halls,  places 
of  amusement,  entertainments,  performances,  or  exhibitions 
may  be  issued  for  the  period  of  one  year  or  for  any  shorter 
time. 

Sec.  9.  All  licenses  which  shall  become  due  on  the  first 
day  of  January  or  July  shall  be  considered  delinquent  if  not 
paid  within  fifteen  days  thereafter,  or  for  every  month  or 
fraction  of  a month  a license  shall  remain  delinquent  after 
the  fifteen  days  allowed  from  the  first  day  of  January  or  July, 
as  aforesaid,  there  shall  be  added  to  the  whole  amount  of  such 
license  a penalty  of  two  per  cent,  which  shall  be  collected  in 
the  same  manner  as  the  license.  But  the  addition,  if  any,  of 
a penalty  to  a license  shall  not  exempt  a person  from  whom 
said  license  may  be  collectible  from  any  penalty  to  which  he 
or  she  may  be  liable  for  violating  any  of  the  provisions  of  this 
ordinance. 

SEC.  10.  If  at  any  time  it  shall  be  made  to  appear  to 
the  satisfaction  of  the  auditor  that  any  licensed  person  has 
violated  any  of  the  provisions  of  this  ordinance,  then  the  said 


Ordinances  of  the  City  of  Cincinnati 


503 


auditor  shall  revoke  his  or  her  license,  and  such  licensed  person 
shall  cease  to  have  any  authority  thereunder. 

SEC.  11.  In  all  cases  where  the  rates  of  license  depend 
upon  the  receipts  or  profits  of  the  business,  or  upon  the  amount 
of  business  done,  or  upon  the  number  of  vehicles  used,  or 
upon  any  other  matter  peculiarly  within  the  knowledge  of  the 
applicant  for  the  license,  such  applicant  may  be  examined  in 
regard  to  such  matters,  and  may  be  required  to  subscribe  to 
a sworn  statement  or  affidavit  that  he  has,  to  the  best  of  his 
knowledge  and  belief,  truly  answered  all  questions  touching 
the  amount  of  license  for  which  he  or  she  applies  or  is  liable. 
And  if  any  person  applying  for  license  shall  make  any  false 
statements  in  regard  to  his  or  her  business,  with  intent  thereby 
to  procure  a license  at  less  rates  than  those  provided  in  this 
ordinance,  he  or  she  shall  be  deemed  guilty  of  misdemeanor, 
and  upon  conviction  thereof  shall  be  punished  as  provided  in 
Section  2 of  this  ordinance,  and  may  be  adjudged  also  to  forfeit 
his  license. 

SEC.  12.  The  conviction  and  punishment  of  any  person 
for  transacting  any  business  without  a license  shall  not  excuse 
or  exempt  such  person  from  the  payment  of  any  license  due 
or  unpaid  at  the  time  of  such  conviction. 

Sec.  13.  Keepers  of  public  dance  - houses  or  ball  - rooms 
shall  pay  a license  fee  of  three  hundred  dollars  per  annum,  or 
ten  dollars  per  night ; provided,  however,  that  no  license  shall 
be  issued  without  the  consent  of  the  mayor. 

SEC.  14.  Every  person,  company,  or  corporation  who  shall 
empty,  clean,  or  remove  the  contents  of  any  privy  vault,  or  in 
any  manner  engage  in  the  business  of  scavenger,  shall  pay  a 
license  fee  of  twenty-five  dollars  per  annum. 

SEC.  15.  Each  keeper  of  an  intelligence  office  or  employ- 
ment office  shall  pay  a license  of  fifty  dollars  per  annum ; 
provided,  however,  that  no  license  shall  be  issued  without  the 
consent  of  the  mayor. 

SEC.  16.  Each  keeper  of  a pawnbroker’s  or  loan  office  shall 
pay  a license  fee  of  two  hundred  and  fifty  dollars  per  annum. 


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Ordinances  of  the  City  of  Cincinnati 


Sec.  17.  Bach  proprietor  of  a billiard-  or  pool-table  shall 
pay  a license  of  twenty-five  dollars  for  one  such  table  and 
fifteen  dollars  for  each  additional  table  per  annum. 

SEC.  18.  Bach  proprietor  of  a bowling-alley  shall  pay  a 
license  fee  of  twenty -five  dollars  for  one  alley  and  fifteen 
dollars  for  each  additional  alley  per  annum. 

SEC.  19.  Peddlers  or  hawkers  of  produce  or  goods  from 
vehicles  drawn  by  animal  power  shall  pay  a license  fee  of 
twenty-five  dollars  per  annum,  and  those  selling  goods  from 
vehicles  drawn  by  hand  or  carried  by  one  or  more  persons 
shall  pay  a license  fee  of  five  dollars  per  annum.  Peddlers  or 
hawkers  of  meat,  fish,  game,  poultry,  oysters,  vegetables,  fruit, 
candies,  groceries,  produce,  and  dairy  products  from  stands  shall 
pay  a license  fee  of  fifteen  dollars  per  annum.  Provided  that 
any  person  selling  agricultural  produce  of  his  own  raising 
shall  not  be  liable  for  license  for  selling,  hawking,  or  peddling 
the  same  in  any  mode  or  manner  in  the  markets,  public  streets, 
or  alleys  of  said  city. 

Sec.  20.  Itinerant  venders  of  medicines  shall  pay  a license 
fee  of  fifty  dollars  per  annum. 

SEC.  21.  For  each  circus  or  menagerie  the  owner  thereof 
shall  pay  license  fees  as  follows  : For  the  first  day  one  hun- 
dred dollars ; for  each  succeeding  day  seventy-five  dollars. 
For  each  side-show,  concert,  musical  or  minstrel  entertain- 
ment, or  exhibition  of  monsters  or  freaks  of  nature,  twenty-five 
dollars  for  the  first  day,  and  fifteen  dollars  for  each  additional 
day ; provided,  however,  that  no  license  shall  be  issued  without 
the  consent  of  the  mayor. 

SEC.  22.  No  connection  shall  be  made  with  any  sewer  or 
drain  without  the  payment  of  a license  fee  of  five  dollars,  and 
an  agreement,  in  writing,  of  the  person  applying  therefor  that 
he  will  indemnify  and  save  harmless  the  city  from  all  loss  or 
damage  that  may  be  occasioned  in  any  wise  by  accident  or 
the  want  of  care  or  skill  on  his  part  in  the  prosecution  of  such 
work,  or  that  may  be  occasioned  by  reason  of  any  opening  by 
him  made  or  caused  to  be  made  in  any  street,  lane,  avenue, 


Ordinances  of  the  City  of  Cincinnati 


505 


market-place,  or  common  in  the  making  of  any  connection 
with  any  public  or  private  sewer  as  aforesaid  ; and  further 
that  he  will  promptly  at  the  proper  time  replace  and  restore 
the  street  over  such  opening  to  as  good  condition  as  he  found 
it  previous  to  opening  the  same ; provided  that  no  license 
shall  be  issued,  except  by  the  consent  of  the  Board  of  Public 
Service. 

SEC.  23.  Every  proprietor  or  lessee  of  any  theater,  concert- 
hall,  or  any  place  of  amusement,  entertainment,  or  exhibition 
shall  pay  license  according  to  their  seating  capacity — one  seat 
is  twenty  inches — as  follows  : 1.  Those  seating  nine  hundred 
and  seventy-five  persons  or  more  shall  pay  a license,  if  issued 
for  one  year,  of  three  hundred  dollars  ; if  for  three  months, 
one  hundred  dollars;  if  for  one  month,  fifty  dollars;  if  for 
one  day,  five  dollars.  2.  Those  seating  less  than  nine  hundred 
and  seventy-five  persons  shall  pay  a license,  if  issued  for  one 
year,  of  two  hundred  dollars  ; if  for  three  months,  seventy-five 
dollars;  if  for  one  month,  forty  dollars;  if  for  one  day,  five 
dollars.  Provided,  however,  that  no  license  shall  be  issued 
without  the  consent  of  the  mayor. 

SEC.  24.  All  venders  of  gunpowder  shall  pay  a license 
fee  of  fifteen  dollars  per  annum.  All  keepers  or  owners  of 
gunpowder  magazines  shall  pay  a license  fee  of  one  hundred 
dollars  per  annum. 

SEC.  25.  All  keepers  of  shooting-galleries  shall  pay  a license 
fee  of  thirty  dollars  per  annum,  exclusive  of  the  license  fee  for 
gunpowder. 

Sec.  26.  All  keepers  or  owners  of  livery,  sale,  or  boarding 
stables  shall  pay  licenses  as  follows  : For  those  whose  gross 
receipts  for  the  hiring,  boarding,  and  sale  of  horses  and  car- 
riages amount  to  more  than  fifteen  thousand  dollars  per  annum, 
twenty-five  dollars  per  annum  ; for  those  whose  gross  receipts 
amount  to  less  than  fifteen  thousand  dollars  per  annum,  fifteen 
dollars  per  annum. 

SEC.  27.  Keepers  of  dancing-  and  riding -academies  or 
schools  whose  gross  receipts  are  less  than  six  thousand  dollars 


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Ordinances  of  the  City  of  Cincinnati 


per  annum  shall  pay  a license  fee  of  fifty  dollars  per  annum, 
and  those  whose  gross  receipts  are  more  than  six  thousand 
dollars  per  annum  shall  pay  a license  fee  of  seventy-five  dollars 
per  annum. 

Sec.  28.  Each  applicant  for  the  use  of  streets  or  other 
spaces  belonging  to  the  city,  for  the  purpose  of  depositing 
building  material  thereon,  shall  pay  license  fees  for  each  permit 
as  follows  : For  the  use  of  twenty  feet  or  less,  one  dollar ; 
for  the  use  of  more  than  twenty  and  less  than  forty  feet,  two 
dollars  ; for  the  use  of  more  than  forty  feet  and  less  than 
seventy-five  feet,  four  dollars  ; for  the  use  of  more  than  seventy- 
five  feet  and  less  than  one  hundred  feet,  five  dollars  ; for  one 
hundred  feet  or  over,  ten  dollars.  Provided  that  no  license 
shall  be  issued  except  by  the  consent  of  the  Board  of  Public 
Service. 

Sec.  29.  Keepers  of  race -courses  and  ball  - grounds,  and 
persons  engaged  in  public  exhibitions  therein,  shall  pay  a 
license  fee  as  follows  : For  each  exhibition  not  continuing 
for  more  than  one  day,  and  for  each  day  of  any  exhibition, 
five  dollars ; provided  that  the  keeper  of  any  race-course  or 
ball-ground,  by  payment  of  one  hundred  dollars,  may  procure 
therefor  a license  for  the  period  of  six  months  or  any  portion 
thereof,  which  license  shall  exempt  from  further  license  all 
persons  engaged  in  any  exhibition  at  or  upon  such  race-course 
or  ball -ground;  but  no  such  license  shall  be  granted  unless 
applied  for  and  paid  for  at  least  six  hours  previous  to  the 
opening  of  the  exhibition  intended  to  be  included  within  the 
license. 

Sec.  30.  Street  musicians  shall  pay  a license  of  twenty-five 
dollars  per  annum  for  each  instrument  used,  but  no  license 
shall  be  issued  except  by  consent  of  the  mayor. 

Sec.  31.  Billposters,  advertising-sign  painters,  advertising- 
sign  proprietors,  and  street-car  advertisers  shall  pay  a license 
of  twenty-five  dollars  per  annum. 

SEC.  32.  Every  dealer  in  second-hand  articles  and  keepers 
of  junkshops  shall  pay  a license  of  fifty  dollars  per  annum. 


Ordinances  of  the  City  of  Cincinnati 


507 


SEC.  33.  Auctioneers  shall  pay  license  as  follows:  1.  Those 
whose  sales  amount  to  one  million  dollars  and  over  per  annum, 
seven  hundred  and  fifty  dollars  per  annum  ; 2.  Those  whose 
sales  amount  to  six  hundred  thousand  dollars  and  less  than 
one  million  dollars  per  annum,  five  hundred  dollars  per  annum; 
3.  Those  whose  sales  amount  to  three  hundred  thousand  dollars 
and  less  than  six  hundred  thousand  dollars  per  annum,  two 
hundred  and  fifty  dollars  per  annum  ; 4.  Those  whose  sales 
amount  to  one  hundred  and  fifty  thousand  dollars  and  less 
than  three  hundred  thousand  dollars  per  annum,  one  hundred 
dollars  per  annum  ; 5.  Those  whose  sales  amount  to  seventy- 
five  thousand  dollars  and  less  than  one  hundred  and  fifty 
thousand  dollars  per  annum,  fifty  dollars  per  annum  ; 6.  Those 
whose  sales  amount  to  less  than  seventy-five  thousand  dollars 
per  annum,  twenty-five  dollars  per  annum. 

SEC.  34.  Ally  person  or  persons,  whether  as  principals  or 
agents,  carrying  on  or  engaged  in  the  business  of  trafficking 
for  profit  in  tickets  of  admission  to  any  theater,  opera-house, 
music-hall,  or  other  place  of  entertainment,  amusement,  or 
instruction  to  which  tickets  of  admission  are  offered  for  sale 
to  the  general  public,  shall  be  required  to  pay  a license  fee  of 
one  thousand  dollars,  the  said  license  to  be  given  for  the  term 
of  one  year  from  its  issue,  and  to  be  issued  by  the  auditor  of 
the  city ; but  the  trafficking  in  tickets  for  public-school  enter- 
tainments, lecture  courses,  and  lectures  on  historic,  literary, 
or  scientific  subjects  shall  not  come  within  the  provisions 
of  this  section ; and  the  provisions  of  this  section  shall  not 
apply  to  any  sale  or  transfer  of  tickets  of  admission  to  any 
theater,  opera-house,  music-hall,  or  other  place  of  entertain- 
ment, amusement,  or  instruction  when  no  greater  price  is 
asked  or  received  therefor  than  that  for  which  such  tickets 
were  sold  or  offered  for  sale  by  the  persons  or  corporation 
issuing  such  tickets. 

Sec.  35.  Every  keeper,  owner,  or  exhibitor  of  a penny- 
in-the-slot  machine  shall  pay  a license  fee  of  one  dollar  per 
annum  for  each  of  such  machines. 


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Ordinances  of  the  City  of  Cincinnati 


SEC.  36.  Every  person  or  corporation  engaged  in  carrying 
on  the  business  commonly  known  as  a chattel-mortgage  broker 
or  loaning  money,  and  to  secure  the  payment  of  same  taking 
a chattel  mortage  or  other  security  of  like  nature  on  household 
goods,  shall  pay  a license  fee  of  two  hundred  and  fifty  dollars 
per  annum.  Any  person  engaged  in  or  carrying  on  the  busi- 
ness of  loaning  money  on  chattel  mortgage  or  household  goods 
shall  keep  a true  record  of  all  such  loans,  showing  the  amount 
loaned  and  amount  paid  as  interest  or  other  charges  thereon, 
which  record  shall  at  all  times  be  open  for  inspection  to  any 
person  interested  therein. 

SEC.  37.  Every  person  or  corporation  engaged  in  carrying 
on  the  business  commonly  known  as  a salary-loan  broker  or 
loaning  money,  to  secure  the  payment  of  same  taking  an  as- 
signment of  or  order  for  the  salary  due  or  to  become  due 
the  borrower,  shall  pay  a license  fee  of  two  hundred  and 
fifty  dollars  per  annum.  Any  person  engaged  in  or  carrying 
on  the  business  of  loaning  money  on  salaries  shall  keep  a 
true  record  of  all  such  loans,  showing  the  amount  loaned  and 
the  amount  paid  as  interest  or  other  charges  thereon,  which 
record  shall  at  all  times  be  open  for  inspection  to  any  person 
interested  therein. 

Sec.  38.  Owners  or  keepers  of  flying-Americans,  flying- 
Dutchmen,  merry-go-rounds,  or  carousals  shall  pay  a 
license  fee  of  twenty  - five  dollars  per  annum  for  each  of 
the  same. 

Sec.  39.  All  moneys  received  for  licenses  issued  under 
this  ordinance  shall  be  placed  to  the  credit  of  the  general 
fund. 

Sec.  40.  It  shall  be  the  duty  of  the  auditor  or  his  deputies, 
in  connection  with  the  mayor  and  the  police,  to  enforce  the 
payment  of  licenses,  to  examine  places  of  business  and  persons 
liable  to  pay  licenses,  and  to  see  that  such  licenses  are  taken 
out,  and  that  no  other  business  than  that  described  in  the 
license  is  carried  on  or  transacted  by  the  party  and  at  the 
place  named  in  the  license. 


Ordinances  of  the  City  of  Cincinnati 


509 


SEC.  41.  Every  person  engaged  in  any  trade,  occupation, 
or  profession  for  which  a license  is  imposed  by  this  ordinance 
shall  at  the  time  of  procuring  the  same  make  application  to 
the  auditor,  and  shall  state  under  oath  or  affirmation  such 
facts  as  may  be  applicable  to  said  license.  The  auditor  shall 
then  issue  to  the  applicant  a certificate  stating  the  particular 
kind  of  license  for  which  application  has  been  made,  and  the 
amount  of  money  required  by  law  to  be  paid  therefor.  Said 
certificate  shall  be  delivered  to  the  city  treasurer,  who  shall 
upon  receipt  of  the  sum  of  money  stated  therein  give  a certifi- 
cate of  payment,  stating  the  amount  of  money  paid.  Said 
certificate  of  payment  shall  be  presented  to  the  auditor,  who 
thereupon  shall  issue  said  license. 

Sec.  42.  The  auditor  shall  sign,  issue,  and  keep  a record 
of  licenses  in  books  to  be  prepared  for  that  purpose,  as  follows : 
1.  A book  to  be  designated  as  “ License  Cash  Book,”  in  which 
entries  shall  be  made  under  appropriate  headings,  showing 
the  receipts  each  day,  the  names  of  parties  receiving  license, 
their  residence  or  place  of  business,  the  number  and  class  of 
license  issued,  the  amount  received  for  each  license,  and  the 
period  of  time  for  which  each  license  is  issued,  with  reference 
to  the  number  and  page  of  the  ledger  ( hereinafter  provided 
for)  wherein  the  same  is  entered.  2.  A book  to  be  designated 
as  “ License  Ledger,”  in  which  entries  of  all  moneys  received 
for  licenses  shall  be  posted  from  the  cash  book.  In  said  ledger 
shall  be  entered,  in  alphabetical  order,  under  appropriate  head- 
ings, the  names  of  parties  to  whom  licenses  have  been  issued, 
their  residence  or  place  of  business,  the  period  for  which 
licenses  have  been  issued,  amount  received  for  each  license, 
and  the  date  of  payment.  3.  He  shall  also  keep  such  other 
book  or  books  as  shall,  in  his  judgment,  be  necessary,  and 
all  the  books  hereinbefore  provided  to  be  kept  shall  have 
such  additional  entries  made  in  them,  respectively,  as  may 
be  required. 

Sec.  43.  It  shall  be  the  duty  of  all  police,  or  other  officers 


510 


Ordinances  of  the  City  of  Cincinnati 


clothed  with  police  powers,  to  enforce  the  provisions  of  this 
ordinance. 

SEC.  44.  All  ordinances  and  parts  of  ordinances  conflict- 
ing with  any  of  the  provisions  of  this  ordinance  be  and  the 
same  are  hereby  repealed. 

[Certain  portions  of  this  ordinance  are  invalidated  by  decision 
of  Judge  Hollister,  C.  P.  C.  No.  126,285,  The  City  of  Cincinnati,  by 
Chas.  J.  Hunt,  City  Solicitor  vs.  The  City  of  Cincinnati,  by  W.  T. 
Perkins,  Auditor.  These  sections  are  6,  11,  18,  15,  16,  17,  18,  26,  27, 
29,  80,  32,  35,  36,  37.  Also  the  following  words  in  Section  14,  “or  in 

any  manner  engaged  in  the  business  of  scavenger.” 

“ It  is  not  in  the  power  of  Council  to  prescribe  rules  of  evidence, 

as  attempted  in  Section  6.” “ There  seems  to  be  no 

authority  for  Section  11.” “The  demurrer  admits  the 

truth  of  the  allegation  that  Section  42  contemplates  the  expenditure 
of  more  money  than  is  necessary  for  the  purposes  of  the  ordinance; 
hence  that  section  is  invalid.”  Demurrer  overruled.] 


No.  18.  Passed  May  18,  1903. 

Providing-  for  the  officers,  surg-eons,  secretaries,  clerks,  and  em- 
ployees of  the  Board  of  Public  Safety. 

Be  it  ordained  by  the  Council  of  the  City  of  Cincinnati , State  of  Ohio : 

SEC.  1.  In  the  Department  of  Public  Safety  there  is  hereby 
authorized  the  following  officers,  surgeons,  secretaries,  clerks, 
and  employees,  who  shall  be  under  the  exclusive  management 
and  control  of  said  board.  The  salaries  hereinafter  provided 
shall  be  paid  semi-monthly. 

1.  A secretary  of  said  board,  who  shall  also  be  chief  clerk, 
at  a salary  of  twenty-five  hundred  dollars  per  year,  and  who 
shall  give  bond  in  the  sum  of  five  thousand  dollars. 

2.  A clerk  of  the  fire  department,  at  a salary  of  fifteen 
hundred  dollars  per  year,  who  shall  give  bond  in  the  sum  of 
twenty  thousand  dollars. 

3.  An  assistant  clerk  of  the  fire  department,  at  a salary  of 
one  thousand  dollars  per  year,  who  shall  give  bond  in  the  sum 
of  two  thousand  dollars. 


Ordinances  of  the  City  of  Cincinnati 


511 


4.  A clerk  of  the  police  department,  at  a salary  of  two 
thousand  dollars  per  year,  who  shall  give  bond  in  the  sum  of 
five  thousand  dollars. 

5.  Seven  assistant  clerks  for  the  police  department,  one  of 
whom  shall  receive  a salary  of  seventeen  hundred  dollars  per 
year  ; one  a salary  of  sixteen  hundred  dollars  per  year  ; one  a 
salary  of  fifteen  hundred  dollars  per  year  ; and  four  a salary 
of  thirteen  hundred  dollars  each  per  year  ; all  of  said  assistant 
clerks  shall  give  bond  in  the  sum  of  two  thousand  dollars. 

6.  Two  stenographers,  one  of  whom  shall  also  act  as  recorder 
for  the  clerk  of  the  board  and  clerk  of  the  police  department, 
and  who  shall  receive  a salary  of  seven  hundred  and  eighty 
dollars  per  year.  The  other  shall  also  act  as  stenographer  to 
the  chief  of  police,  and  shall  receive  a salary  of  seven  hundred 
and  eighty  dollars  per  year. 

7.  One  chief  surgeon,  who  shall  receive  a salary  of  two 
thousand  dollars  per  year  ; and  two  assistant  surgeons,  who 
shall  each  receive  a salary  of  fifteen  hundred  dollars  per  year. 

8.  One  veterinary  surgeon,  who  shall  receive  a salary  of 
one  thousand  dollars  per  year. 

9.  One  janitor  for  the  fire  department,  who  shall  receive  a 
salary  of  three  hundred  dollars  per  year. 

10.  Forty- seven  watchmen  for  the  fire  department,  who 
shall  each  receive  a salary  of  one  hundred  and  twenty  dollars 
per  year. 

11.  Two  hostlers  for  the  fire  department,  who  shall  each 
receive  a salary  of  seven  hundred  and  twenty  dollars  per  year. 

No.  52.  Passed  June  22,  1903. 

Providing1  for  the  sale  of  certain  personal  property  by  the  Board  of 
Public  Safety. 

Be  it  ordained  by  the  Council  of  the  City  of  Cincinnati , State  of  Ohio: 

Sec.  1.  When  the  Board  of  Public  Safety  has  within  its 
control  any  personal  property  not  needed  for  municipal  pur- 
poses, and  the  estimated  value  of  which  is  less  than  five 
hundred  dollars,  after  an  estimate  of  the  value  thereof  has 


512 


Ordinances  of  the  City  of  Cincinnati 


been  made  and  approved  by  said  board,  said  property  may  be 
sold  in  such  manner  as  said  board  may  direct. 

SEC.  2.  The  money  arising  from  the  sale  of  said  personal 
property,  or  from  any  use  of  the  property  within  the  control 
of  said  board,  shall  be  paid  into  the  treasury  to  the  credit  of 
the  particular  fund  by  which  said  property  was  acquired,  if 
there  be  such  fund  ; if  not,  to  the  credit  of  the  General  Fund. 

NO.  23.  Passed  May  25,  1903. 

Repealing-  an  ordinance  entitled  “An  ordinance  to  provide  for  the 
better  reg-ulation  of  proceeding's  to  authorize  public  improve- 
ments,” passed  February  6,  1874.* 

Be  it  ordained  by  the  Council  of  the  City  of  Cincinnati,  State  of  Ohio : 

SEC.  1.  An  ordinance  entitled  “An  ordinance  to  pro- 
vide for  the  better  regulation  of  proceedings  to  authorize 
public  improvements,”  passed  February  6,  1874,  is  hereby 
repealed. 

No.  35.  Passed  June  8,  1903. 

Providing  for  the  construction  of  sidewalks  under  resolutions  of 
Council. 

Be  it  ordained  by  the  Council  of  the  City  of  Cincinnati , State  of  Ohio : 

SEC.  1.  The  Board  of  Public  Service  is  hereby  authorized 
to  make  contracts  for  periods  not  exceeding  one  year  for  the 
construction  and  repair  of  all  sidewalks  provided  for  in  reso- 
lutions to  be  passed  by  Council  and  necessary  to  be  constructed 
or  repaired  by  the  Board  of  Public  Service,  in  accordance  with 
specifications  for  sidewalks  on  file  in  the  office  of  the  Board 
of  Public  Service  and  hereby  approved. 


*See  Coppock  & Hertenstein. 


Ordinances  of  the  City  of  Cincinnati 


513 


No.  40.  Passed  June  12,  1903. 

To  provide  ag-ainst  playing-  or  use  of  slot  machines  by  minors,  and 
fixing-  penalties  in  that  connection. 

Be  it  ordained  by  the  Council  of  the  City  of  Cincinnati , State  of  Ohio: 

Sec.  1.  It  shall  be  unlawful  in  the  city  of  Cincinnati  for 
any  minor  of  either  sex  to  play,  use,  or  deposit  money  in  any 
slot  machine  or  any  gambling  device,  whether  the  reward  or 
gain  which  may  be  obtained  thereby  is  in  the  shape  of  money, 
cigars,  cigarettes,  drinks,  or  any  other  commodity,  or  checks 
exchangeable  therefor,  and  it  shall  be  the  duty  of  the  police 
to  arrest  all  such  minors  violating  this  ordinance  as  aforesaid, 
and  on  conviction  thereof  any  such  minor  shall  be  fined  not 
more  than  ten  dollars  and  not  less  than  five  dollars  and  the 
costs  of  prosecution. 

SEC.  2.  It  shall  be  unlawful  for  any  owner  of  a slot  machine 
or  any  gambling  device  referred  to  in  the  foregoing  section, 
or  any  person  having  the  custody  thereof,  either  as  agent  or 
lessee,  or  the  officer,  agent,  or  employee  of  either,  to  permit 
any  minor  to  play,  use,  or  deposit  money  in  any  such  slot 
machine  ‘or  any  gambling  device  referred  to  in  the  foregoing 
section,  or  to  deliver  to  any  such  minor  the  gain  or  reward 
thereof,  in  either  money,  cigars,  cigarettes,  drinks,  or  other 
commodity,  or  checks  therefor.  The  penalty  for  the  violation 
of  any  of  the  provisions  of  this  section  shall  be  a fine  of  not 
more  than  one  hundred  dollars  nor  less  than  ten  dollars  ; and 
in  the  event  that  any  person  shall  have  been  theretofore  con- 
victed of  a violation  hereof  the  penalty  shall  be  a fine  of  not 
more  than  two  hundred  dollars  and  not  less  than  twenty-five 
dollars,  and  in  either  event  the  costs  of  the  prosecution. 

No.  72.  Passed  July  20,  1903. 

To  provide  for  the  cutting-  and  removal  of  offensive,  unwholesome, 
and  noxious  weeds  in  the  City  of  Cincinnati. 

Be  it  ordained  by  the  Council  of  the  City  of  Cincinnati , State  of  Ohio: 

Sec.  1.  That  the  owner  or  owners,  occupant  or  occupants, 
or  any  person,  firm,  or  corporation  having  the  care  of  any 


514 


Ordinances  of  the  City  of  Cincinnati 


vacant  lot  of  land  bordering  on  any  street,  square,  or  public 
place  within  the  city  limits,  shall  cut  down  and  remove,  or 
cause  to  be  cut  down  and  removed,  from  such  lot  all  offensive, 
unwholesome,  and  noxious  weeds,  vines,  and  grass. 

Sec.  2.  Upon  complaint  the  chief  of  police  shall  serve 
written  notice  upon  the  owner  or  owners,  occupant  or  occu- 
pants, or  any  person,  firm,  or  corporation  having  the  care 
of  any  such  lot,  to  remove  or  cause  to  be  removed  therefrom 
all  such  offensive,  unwholesome,  and  noxious  weeds,  vines, 
and  grass. 

SEC.  3.  Any  such  owner  or  owners,  occupant  or  occupants, 
or  any  person,  firm,  or  corporation  having  the  care  of  any  such 
lot,  who  fails  to  comply  with  said  notice  within  ten  days  from 
the  receipt  thereof  shall  be  deemed  guilty  of  a misdemeanor, 
and  upon  conviction  thereof  shall  be  fined  in  the  sum  of  not 
less  than  five  dollars  nor  more  than  twenty-five  dollars. 

No.  264.  Passed  January  4,  1904. 

Providing-  for  the  relief  of  members  of  the  fire  and  police  depart- 
ments temporarily  disabled  in  the  discharge  of  their  duties. 

Be  it  ordained  by  the  Council  of  the  City  of  Cincinnati , State  of  Ohio: 

SEC.  1.  Members  of  the  police  and  fire  departments,  when 
temporarily  disabled  while  assuming,  undertaking,  or  perform- 
ing extraordinary  risks  in  consequence  of  and  while  in  the 
actual  performance  of  official  duty,  may  at  the  discretion  of  the 
Board  of  Public  Safety,  and  under  such  rules  as  may  be  adopted 
by  said  board,  draw  all  or  such  part  of  their  regular  salary, 
and  for  such  time  as  may  be  determined  by  the  Board  of  Public 
Safety,  but  not  exceeding  such  temporary  disability. 

NO.  274.  Passed  January  18,  1904. 

An  ordinance  to  annex  territory  herein  described  to  the  Thirteenth 
Ward  of  the  City  of  Cincinnati. 

Be  it  ordained  by  the  Council  of  the  City  of  Cincinnati,  State  of  Ohio : 

SEC.  1.  That  the  following  described  recently  annexed 
territory  be  and  the  same  is  hereby  made  a part  of  the  Tliir- 


Ordinances  of  the  City  of  Cincinnati 


515 


teenth  Ward  of  the  city  of  Cincinnati:  “Beginning  at  a point 
where  the  north  corporation  line  of  Evanston  intersects  the 
east  corporation  line  of  the  city  of  Cincinnati,  north  of 
Langdon  Avenue  ; thence  east  along  the  north  corporation 
line  of  Evanston  to  the  west  corporation  line  of  Norwood  ; 
thence  northwardly,  following  the  west  corporation  line  of 
Norwood,  to  a point  where  said  line  extends  westwardly  to 
the  Reading  Road  ; thence  west  with  the  south  line  of  said 
extension  of  the  corporation  line  of  Norwood  to  the  Reading 
Road  ; thence  northeastwardly  along  the  corporation  line  of 
Norwood,  following  the  line  of  Reading  Road,  to  a point  where 
the  corporation  line  extends  eastwardly  from  the  Reading 
Road ; thence  eastwardly  with  said  corporation  to  a point 
where  the  said  corporation  line  extends  northwardly  ; thence 
northwardly,  eastwardly,  and  northwardly,  following  the  west 
corporation  line  of  Norwood,  to  the  north  line  of  Section  4, 
Millcreek  Township  ; thence  west  along  the  south  line  of 
Section  4,  Millcreek  Township,  to  the  east  corporation  line 
of  Bond  Hill,  being  the  west  line  of  Reading  Road;  thence 
southwestwardly  with  the  west  line  of  Reading  Road,  being 
along  the  southeast  corporation  of  the  village  of  Bond  Hill, 
to  the  north  corporation  line  of  the  city  of  Cincinati ; thence 
southeastwardly  along  the  corporation  line  of  the  city  of  Cin- 
cinnati to  the  southeasterly  side  of  Reading  Road  ; thence 
southwest  along  the  southeast  line  of  Reading  Road  to  the 
south  line  of  Hopkins  Avenue;  thence  east  along  the  south 
line  of  Hopkins  Avenue  to  the  east  corporation  line  of  the 
city  ; thence  south  along  the  east  corporation  line  of  the  city 
to  a point  where  the  north  corporation  line  of  Evanston  in- 
tersects the  east  corporation  line  of  the  city  of  Cincinnati, 
north  of  Langdon  Avenue,  to  the  place  of  beginning.” 


516 


Ordinances  of  the  City  of  Cincinnati 


No.  281.  Passed  January  25,  1904. 

Granting1  right  to  the  Windisch  - Muhlhauser  Brewing  Company  to 
erect  electric  wires. 

Be  it  ordained  by  the  Council  of  the  City  of  Cincinnati , State  of  Ohio: 

SEC.  1.  That  right  is  hereby  granted  to  the  Windisch- 
Muhlhauser  Brewing  Company  to  erect  and  maintain  two  wires 
for  transmission  of  electricity  for  power  and  light  from  one  of 
their  buildings  at  the  southwest  corner  of  Plum  and  Wade 
streets  to  another  of  their  buildings  on  the  east  side  of  Plum 
Street,  between  Wade  and  Liberty  streets,  the  electricity  thus 
transmitted  to  be  generated  and  used  only  by  said  company 
thus  granted  this  right.  If  used  by  any  person  or  company 
other  than  the  company  granted  this  right,  then  this  ordinance 
shall  become  null  and  void. 

SEC.  2.  This  grant  shall  be  for  a term  of  ten  years,  and 
subject,  so  far  as  applicable,  to  the  provisions  and  conditions 
of  the  general  Ordinance  No.  4285. 

No.  283.  Passed  January  25,  1904. 

Regulating  the  price  to  be  charged  for  electricity  furnished  by  the 
Cincinnati  Gas  and  Electric  Company  to  public  buildings  and 
citizens. 

Be  it  ordained  by  the  Council  of  the  City  of  Cincinnati , State  of  Ohio: 

SEC.  1.  That  for  the  period  of  ten  years  from  and  after  the 
passage  of  this  ordinance,  and  the  acceptance  thereof  by  the 
Cincinnati  Gas  and  Electric  Company  of  Cincinnati,  Ohio, 
said  company  may  charge  for  electricity  furnished  to  public 
buildings  and  to  the  citizens  or  private  consumers  of  said  city 
of  Cincinnati  eleven  cents  per  kilowatt ; and  the  said  the 
Cincinnati  Gas  and  Electric  Company  shall  in  no  event  during 
said  term  of  ten  years  charge  more  for  electricity  furnished  to 
public  buildings  or  individuals  than  the  price  herein  specified. 

SEC.  2.  That  said  company  may,  as  a maintenance  charge, 
when  less  than  ten  kilowatts  of  current  is  consumed  in  any 
one  month,  for  each  and  every  kilowatt  connected  for  any 
consumer  charge  and  collect  the  sum  of  one  dollar. 


Ordinances  of  the  City  of  Cincinnati 


517 


SEC.  3.  A violation  of  this  ordinance  shall  be  a misde- 
meanor, and  said  company  or  any  officer  or  employee  thereof, 
upon  conviction  thereof,  shall  be  fined  in  a sum  not  to  exceed 
one  hundred  dollars. 

[Note. — Accepted  by  the  Cincinnati  Gas  and  Electric  Company 
March  1,  1904.] 

NO.  286.  Passed  February  1,  1904. 

To  amend  Section  5 of  an  ordinance  passed  May  11,  1903,  entitled 
“An  ordinance  to  supplement  an  ordinance  entitled  ‘An  ordinance 
to  provide  for  the  organization  of  the  Board  of  Trustees  of  the 
Sinking-  Fund  of  the  City  of  Cincinnati.’  ” 

Be  it  ordained  by  the  Council  of  the  City  of  Cincinnati , State  of  Ohio : 

SEC.  1.  Section  5 of  an  ordinance  passed  May  11,  1903, 
entitled  “An  ordinance  to  supplement  an  ordinance  entitled 
‘An  ordinance  to  provide  for  the  organization  of  the  Board  of 
Trustees  of  the  Sinking  Fund  of  the  city  of  Cincinnati,’  ” be 
and  the  same  is  hereby  amended  so  as  to  read  as  follows  : 

SEC.  5.  The  issue  of  registered  bonds  in  lieu  of  coupon 
bonds  heretofore  or  hereafter  issued  by  the  city  of  Cincinnati, 
or  by  any  village  which  has  been  or  may  be  annexed  to  the 
city,  shall  be  made  by  the  Trustees  of  the  Sinking  Fund  upon 
surrender  of  the  bonds  and  coupons  thereof  so  to  be  exchanged 
to  such  bank  in  the  city  of  Cincinnati  as  said  trustees  shall 
select  as  their  fiscal  agent  and  designated  depository. 

SEC.  2.  Section  5 of  said  ordinance  described  in  the  pre- 
ceding section  is  hereby  repealed. 

No.  295.  Passed  February  8,  1904. 

Granting-  to  the  firm  of  Rheinstrom,  Bettman,  Johnson  & Co.  the  right 
to  construct  and  maintain  a pipe  for  the  transmission  of  distilled 
water  from  their  main  building  located  on  the  west  side  of  Cheap- 
side  Street  to  their  warehouse  on  the  east  side  of  Cheapside  Street, 
between  Ninth  and  Court  streets,  in  the  City  of  Cincinnati,  Ohio. 

Be  it  ordained  by  the  Council  of  the  City  of  Cincinnati , State  of  Ohio : 

Sec.  1.  That  the  firm  of  Rheinstrom,  Bettman,  Johnson 
& Co.  be  and  they  are  hereby  granted  the  right  to  construct, 
have,  maintain,  and  use  for  the  transmission  of  distilled  water 


518 


Ordinances  of  the  City  of  Cincinnati 


between  the  rear  part  of  their  main  building  on  the  west  side 
of  Cheapside  Street,  between  Ninth  and  Court  streets,  and 
the  rear  part  of  their  warehouse  on  the  east  side  of  Cheapside 
Street,  between  Ninth  and  Court  streets,  a copper  pipe  one 
hundred  and  seventy  feet  in  length,  measuring  twTo  and  one 
half  inches  in  diameter,  flanged  together  with  cast-iron  flanges, 
securely  bolted,  and  supported  by  a galvanized  wire  cable 
three  fourths  of  an  inch  in  diameter,  secured  by  suitable  anchors 
to  the  rear  part  of  the  buildings  aforesaid.  The  clearance 
underneath  the  copper  pipe  to  street  line  at  the  point  at  the 
main  building  on  the  west  side  of  Cheapside  Street  shall  be 
thirty-five  feet ; the  clearance  of  the  pipe  at  the  point  at  the 
warehouse  on  the  east  side  of  Cheapside  Street  shall  be  thirty- 
one  feet.  Said  pipe  and  cable,  with  all  attachments  thereto, 
are  to  be  constructed  in  a good  workmanlike  manner,  and  are 
to  be  maintained  at  all  times  in  good  and  perfect  condition, 
and  so  as  not  to  interfere  with  the  use  of  Cheapside  Street  for 
vehicular  or  passenger  travel. 

Sec.  2.  This  grant  with  the  rights  hereby  granted  shall 
continue  for  ten  years  from  the  date  of  the  passage  of  this 
ordinance. 

No.  296.  Passed  February  8,  1904. 

Authorizing  the  Glueen  - City  Box  Company  to  lay  a railroad  track 
from  the  west  side  of  the  property  of  the  City  of  Cincinnati,  lying 
on  the  north  side  of  Wade  Street  and  the  west  side  of  McLean 
Avenue,  along  Wade  Street  to  Horne  Street. 

Be  it  ordained  by  the  Council  of  the  City  of  Cincinnati , State  of  Ohio : 

Sec.  1.  That  permission  be  and  the  same  is  hereby  granted 
to  the  Queen-City  Box  Company  to  lay  a railroad  track  of 
standard  gauge  from  the  west  side  of  the  property  of  the  city 
of  Cincinnati,  lying  on  the  north  side  of  Wade  Street  and  the 
west  side  of  McLean  Avenue,  on  Wade  Street  westwardly  to 
Horne  Street,  subject  to  the  following  terms  and  conditions : 

First — Said  tracks  shall  conform  to  the  grade  of  the  street, 
and  said  company  shall  immediately  after  laying  the  track 
restore  the  street  where  disturbed  by  said  company  to  its 


Ordinances  of  the  City  of  Cincinnati 


519 


present  condition  ; shall  keep  that  portion  of  the  street  lying 
between  the  rails  of  the  track  and  one  foot  outside  each  of 
the  rails  thereof  in  good  repair,  and  maintain  all  necessary 
crossings  of  said  track  ; and  if  said  company  shall  remove  said 
track  from  said  street  it  shall  restore  said  street. 

Second — Said  company  shall  lay  said  track  in  such  man- 
ner that  wagons  and  other  vehicles  may  conveniently  cross 
the  same,  and  in  case  of  any  change  of  grade  in  said  street 
where  such  tracks  are  laid  said  company  shall  immediately 
relay  the  tracks  to  conform  to  the  grade  as  changed  at  its 
own  expense. 

Third — Said  company  shall  execute  a bond  to  the  city 
of  Cincinnati,  in  the  sum  of  two  thousand  dollars,  to  save 
the  city  harmless  from  any  and  all  claims  for  damages  that 
may  accrue  and  be  lawfully  established  by  reason  of  the  laying 
and  use  of  said  tracks  on  Wade  Street,  and  for  the  faithful 
compliance  with  all  and  singular  the  provisions  of  this  ordi- 
nance. 

Fourth — That  said  company  shall  not  be  allowed  to  obstruct 
Wade  Street  at  the  crossings  and  intersections  of  other  streets 
with  cars  on  said  track  more  than  three  minutes  at  any  one 
time. 

Fifth — That  said  track  shall  be  laid  under  the  direction 
and  supervision  of  the  Board  of  Public  Service  of  the  city  of 
Cincinnati. 

Sixth — Said  track,  together  with  its  use,  operation,  and  the 
right  of  the  city  to  remove  the  same,  shall  be  subject  to  all  the 
terms  and  conditions  of  ordinances  which  the  city  of  Cincinnati 
has  or  may  adopt  regulating  the  laying,  maintenance,  and  use 
of  switch-tracks  in  the  streets  of  the  city. 

SEC.  2.  Material  to  be  used  in  the  laying  of  this  track  and 
the  method  of  construction  to  be  the  same  as  has  already  been 
provided  for  the  building  of  sidetracks  that  have  been  passed 
during  the  present  term  of  this  Council,  and  the  conditions 
such  as  exist  in  Ordinance  No.  120.  And  be  it  further  provided 
that  there  shall  be  placed  and  maintained  between  the  rails 


520 


Ordinances  of  the  City  of  Cincinnati 


thereof,  and  to  within  two  and  one  half  inches  thereof  on  either 
side,  a planking  of  oak  plank,  securely  spiked  to  the  crossties; 
said  planking  to  be  the  same  thickness  as  the  depth  of  the  rail, 
so  that  the  surface  of  the  plank  shall  be  flush  with  the  top  of 
the  rail.  An  oak  planking  not  less  than  four  inches  in  width, 
and  the  same  thickness  as  that  between  the  rails,  shall  be 
securely  spiked  to  the  crossties  against  the  outer  edge  of  each 
rail  and  flush  with  the  top  thereof.  The  company  accept- 
ing this  franchise  shall  restore  to  good  condition  the  streets 
and  sidewalks  where  disturbed,  and  keep  the  same  in  good 
repair  at  all  times  of  their  use  of  the  streets  herein  specified. 
This  work  to  be  all  done  under  the  direction  and  to  the  satis- 
faction of  the  Board  of  Public  Service  and  its  chief  engineer; 
and  Council  may  cause  the  removal  of  said  tracks,  or  may 
grant  to  any  other  company  the  use  thereof  upon  their  payment 
to  the  company  granted  this  right  the  proper  proportion  of 
the  cost  of  laying  said  tracks  ; and  the  company  requesting 
this  grant  will  file  with  Council  a blue-print  plat,  showing 
what  streets  proposed  tracks  will  cross,  so  that  Council  may 
act  intelligently  upon  said  ordinance. 

No.  297.  Passed  February  8,  1904. 

Granting-  right  to  Cincinnati,  Lebanon  & Northern  Railway  Company 
to  construct  and  maintain  track  across  Shillito  Street. 

Be  it  ordained  by  the  Council  of  the  City  of  Cincinnati , State  of  Ohio : 

SEC.  1.  That  the  Cincinnati,  Lebanon  & Northern  Railway 
Company  be  and  the  same  is  hereby  granted  the  right  to  con- 
struct and  maintain  a railroad  track  across  Shillito  Street, 
commencing  at  a point  about  thirty-five  feet  east  of  its  present 
tracks  on  the  south  side,  and  crossing  the  north  side  of  the 
street  at  a point  about  seventy  feet  east  of  its  said  other  tracks. 

Sec.  2.  Said  track  to  be  constructed  under  the  supervision 
of  the  city  engineer. 


Ordinances  of  the  City  of  Cincinnati 


521 


No.  298.  Passed  February  8,  1904. 

Granting-  to  the  Pittsburg-,  Cincinnati,  Chicag-o  & St.  Louis  Railway 
Company  permission  to  extend  siding:  on  Egrg-leston  Avenue. 

Be  it  ordained  by  the  Council  of  the  City  of  Cincinnati , State  of  Ohio  : 

SEC.  1.  That  there  is  hereby  granted  to  the  Pittsburg, 
Cincinnati,  Chicago  & St.  Louis  Railway  Company  permission 
to  extend  the  siding  of  the  Export  Storage  Company  on 
Eggleston  Avenue,  immediately  north  of  Sixth  Street,  sixty 
feet  northwardly,  for  the  benefit  of  the  Pittsburg  Plate  Glass 
Company.  Said  extension  shall  be  constructed  in  a like  man- 
ner to  the  other  tracks  in  the  vicinity  and  under  the  supervision 
of  the  chief  engineer  of  the  Board  of  Public  Service. 

No.  299.  Passed  February  8,  1904. 

Granting-  permission  to  the  Cincinnati,  New  Orleans  & Texas  Pacific 
Railway  Company  to  lay,  maintain,  and  operate  a single  railroad 
track  across  Water  Street,  between  Plum  and  Elm  streets,  in  the 
City  of  Cincinnati. 

Be  it  ordained  by  the  Council  of  the  City  of  Cincinnati , State  of  Ohio : 

SEC.  1.  That  permission  be  and  the  same  is  hereby  granted 
the  Cincinnati,  New  Orleans  & Texas  Pacific  Railway  Company 
to  lay,  maintain,  and  operate  a railroad  track  across  Water 
Street,  in  the  city  of  Cincinnati,  so  as  to  connect  thereby  its 
lot  sixty-six  feet  fronting  on  the  south  side  of  Water  Street, 
commencing  one  hundred  feet  east  of  Plum  Street,  with  prop- 
erty lying  on  the  north  side  of  said  Water  Street,  immediately 
opposite  said  66-foot  lot. 

Sec.  2.  That  said  track  shall  be  constructed  under  the 
direction  and  to  the  satisfaction  of  the  chief  engineer  of  the 
Board  of  Public  Service  of  said  city,  and  so  as  not  to  interfere 
with  the  ordinary  use  and  drainage  of  said  street. 

Sec.  3.  Said  track  in  said  street,  and  the  street  itself  between 
the  rails  thereof  and  for  two  and  one  half  feet  on  each  side  of 
the  rails,  shall  be  maintained  in  such  state  of  repair  at  all 
times  as  not  to  interfere  with  the  ordinary  use  and  drainage 
of  said  street,  and  as  may  be  required  by  the  chief  engineer 


522 


Ordinances  of  the  City  of  Cincinnati 


of  the  Board  of  Public  Service  or  other  board  having  its  or 
like  power. 

No.  316.  Passed  February  23,  1904. 

Designating:  the  buildings  and  spaces  to  be  used  for  public  markets 
within  the  City  of  Cincinnati,  regulating  the  use  of  the  same,  and 
repealing  all  other  ordinances  heretofore  passed  that  may  in  any 
way  conflict  herewith. 

Be  it  ordained  by  the  Council  of  the  City  of  Cincinnati,  State  of  Ohio : 

SEC.  1.  The  following  buildings  and  spaces  shall  hereafter 
be  used  for  public  markets  in  the  city  of  Cincinnati,  to-wit : 

Fifth  Street  from  the  west  side  of  Main  Street  to  the  east 
side  of  Vine  Street,  to  be  designated  as  Fifth-street  Market- 
space. 

Pearl  Street  from  Main  Street  to  Sycamore  Street  (on  both 
sides),  Pearl  Street  from  Sycamore  Street  to  Broadway  (on 
the  north  side  only),  and  four  hundred  feet  north  and  south  of 
Pearl  Street  on  Broadway,  to  be  designated  as  Pearl -street 
Market -space. 

Sixth  Street  from  west  line  of  Elm  Street  to  Mound  Street, 
Mound  Street  from  Sixth  Street  to  Fifth  Street,  Fifth  Street 
from  Mound  Street  to  Baymiller,  Third  Street  (north  side) 
between  Elm  and  Plum  streets,  and  McFarland  Street  (south 
side)  between  Elm  and  Plum  streets,  to  be  designated  as 
Sixth -street  Market  - space ; provided  that  until  the  first  day 
of  February,  1905,  Saturday  markets  may  be  held  between 
the  east  line  of  Race  Street  and  the  west  line  of  Elm  Street 
between  the  hours  of  2 o’clock  and  10  o’clock  p.  M. 

Court  Street  from  Main  Street  to  Freeman  Avenue,  and 
Walnut  Street  from  Ninth  to  Canal  Street,  to  be  designated 
as  Court-street  Market-space. 

Elder  Street  from  Vine  Street  to  Elm  Street,  and  Elm 
Street  from  Findlay  Street  to  Green  Street,  and  Race  Street 
from  Green  Street  to  Findlay  Street,  to  be  designated  as  Findlay 
Market-space. 

Wade  Street  from  John  Street  to  Cutter  Street,  and  Cutter 


Ordinances  of  the  City  of  Cincinnati 


523 


Street  south  to  Clinton  Street  and  north  to  Liberty  Street,  to 
be  designated  as  Wade-street  Market-space. 

Bluerock  Street  (south  side)  from  Apple  Street  to  Colerain 
Avenue,  and  Colerain  Avenue  to  Hoffner  Street,  and  Apple 
Street  from  Bluerock  Street  to  Palm  Avenue,  to  be  designated 
as  Bluerock-street  Market-space. 

Sec.  2.  The  days  and  hours  upon  which  said  markets  shall 
be  held  shall  be  as  follows:  Sixth-street  Market,  Findlay  Market, 
and  Bluerock-street  Market,  on  Mondays,  Wednesdays,  and 
Fridays  from  daylight  in  the  morning  until  11  o’clock  A.  m.; 
Court  - street  Market,  Pearl  - street  Market,  and  Wade  - street 
Market,  on  Tuesdays,  Thursdays,  and  Saturdays  from  daylight 
in  the  morning  to  11  o’clock  A.  m.;  Sixth-street  Market  and 
Pearl-street  Market  on  Saturdays  from  12:30  p.  M.  to  10  P.  m.; 
and  Findlay  Market,  on  Saturdays  from  12:30  p.m.  to  11  p.m.; 
except  on  New  Year’s,  Independence,  Thanksgiving,  and  Christ- 
mas days,  when  there  shall  be  no  market  held  in  any  of  the 
market-houses  or  places.  Provided  that  in  Sixth-street  and 
Findlay  markets,  markets  may  be  held  on  week-days  immedi- 
ately preceding  these  holidays  named  from  12: 30  p.  m.  to  10  p.m.; 
and  provided  further  that  on  Labor-day,  Washington’s  birthday, 
and  Decoration -day  markets  may  be  held  in  the  usual  places 
until  9 o’clock  a.  m. 

Sec.  3.  It  shall  be  unlawful  for  any  person  or  persons  to 
occupy  and  stand  in  the  market  on  Third  and  McFarland 
streets  between  Elm  and  Plum  streets  or  in  the  streets  at 
points  immediately  contiguous  thereto,  or  in  Court  - street 
between  Cutter  Street  and  Freeman  Avenue  or  in  the  streets 
at  points  immediately  contiguous  thereto  ; provided  that  this 
section  shall  not  apply  to  actual  and  known  farmers  and  gar- 
deners who  shall  be  the  actual  producers  from  his  or  her  farm 
or  garden  of  the  products  exposed  for  sale. 

Sec.  4.  It  shall  be  unlawful  for  any  person  or  persons  to 
erect  or  place  in  position  any  stand  to  be  used  in  said  markets, 
or  to  place  upon  the  sidewalks  or  streets  within  said  markets 
any  boxes,  packages,  or  articles  which  are  to  be  used  or  sold 


524 


Ordinances  of  the  City  of  Cincinnati 


or  exposed  for  sale  in  said  markets,  or  place  in  position  for 
market  purposes  any  wagon  or  vehicle  of  any  kind  whatsoever, 
except  within  one  hour  preceding  the  time  for  opening  said 
markets  as  provided  herein,  and  said  stands,  boxes,  packages 
and  articles,  wagons  or  vehicles  shall  be  removed  within  one 
hour  after  the  close  of  said  markets ; provided  that  the  placing 
of  wagons  or  vehicles  as  provided  in  this  section  shall  not 
apply  to  actual  and  known  farmers  and  gardeners,  as  desig- 
nated in  Section  3 hereof. 

SEC.  5.  Any  person  or  persons  violating  any  of  the  provi- 
sions of  this  ordinance  shall  on  conviction  thereof  be  subject 
to  a fine  not  to  exceed  ten  dollars  and  costs  of  prosecution,  at 
the  discretion  of  the  court,  for  each  offense. 

SEC.  6.  The  superintendent  of  markets  or  any  market- 
master,  or  any  one  designated  by  him  or  them,  are  hereby 
authorized  to  remove  any  stand,  box,  package,  article,  wagon, 
or  vehicle  which  is  placed  in  said  market  in  violation  of 
Section  3 of  this  ordinance. 

SEC.  7.  An  ordinance,  No.  73,  passed  by  Council  July  20, 
1903  ; an  ordinance,  No.  170,  passed  by  Council  September 
14,  1903,  and  approved  over  mayor’s  disapproval  October  5, 
1903  ; and  all  other  ordinances  or  parts  of  ordinances  that  may 
conflict  with  this  ordinance  are  hereby  repealed. 

No.  317.  Passed  February  23,  1904. 

Granting-  to  the  Austin  Pressed  Brick  and  Tile  Company  permission 
to  cross  Western  Avenue  north  of  Hopple  Street  with  a railway 
track. 

Be  it  ordained  by  the  Council  of  the  City  of  Cincinnati , State  of  Ohio : 

SEC.  1.  That  permission  be  and  is  hereby  granted  to  the 
Austin  Pressed  Brick  and  Tile  Company  to  cross  Western 
Avenue  with  a railway  track  north  of  Hopple  Street.  The 
location  of  the  center  line  of  track  to  be  two  hundred  feet 
north  of  the  south  line  of  the  Hopple  tract,  measured  on  the 
west  line  of  Western  Avenue ; thence  eastwardly  crossing 
Western  Avenue  at  right  angles.  The  gauge  of  the  track  to 


Ordinances  of  the  City  of  Cincinnati 


525 


be  three  feet.  The  rails  used  and  construction  of  the  track  to 
be  as  directed  by  the  Board  of  Public  Service  and  its  engineer. 
The  said  the  Austin  Pressed  Brick  and  Tile  Company  to  be 
responsible  for  any  injury  or  damage  to  persons  or  property 
resulting  from  the  construction  and  use  of  the  track  herein 
authorized.  The  track  and  the  portion  of  Western  Avenue 
where  it  crosses  to  be  placed  and  maintained  in  good  condition 
and  repair,  to  the  satisfaction  of  the  Board  of  Public  Service, 
by  the  said  company,  and  said  track  to  be  removed  and  the 
avenue  restored  to  good  condition  upon  thirty  days’  notice  from 
the  Council  of  said  city. 

No.  321.  Passed  February  23,  1904. 

To  accept  the  annexation  to  the  City  of  Cincinnati  of  certain  con- 
tiguous territory  lying  between  Mill  Creek  and  the  Miami  and 
Erie  Canal,  and  being  that  part  of  Spring-Grove  Cemetery  which 
lies  south  of  Spring-Grove  Avenue. 

Be  it  ordained  by  the  Council  of  the  City  of  Cincinnati , State  of  Ohio: 

SEC.  1.  That  the  annexation  authorized  by  the  commis- 
sioners of  Hamilton  County,  Ohio,  on  November  18,  1903,  of 
the  following  described  territory  of  the  county  of  Hamilton 
contiguous  to  the  city  of  Cincinnati : “ Beginning  where  the 
Miami  and  Erie  Canal,  the  present  northerly  corporation  line 
of  the  city  of  Cincinnati,  intersects  the  east  line  of  Section  22, 
Millcreek  Township  ; thence  soutliwestwardly  along  said  Miami 
and  Erie  Canal  and  the  present  northerly  corporation  line  of 
the  city  of  Cincinnati  to  the  eastern  boundary  line  of  the 
Twenty -third  Ward  of  the  city  of  Cincinnati  ; thence  north- 
westwardly along  said  boundary  line  of  the  said  Twenty-third 
Ward  to  the  center  line  of  Mill  Creek,  and  the  southerly 
corporation  line  of  the  village  of  Winton  Place  to  the  east 
line  of  Section  22,  Millcreek  Township  ; thence  south  along 
said  section  line  to  the  place  of  beginning.”  An  accurate  map 
of  which  territory,  together  with  the  petition  for  its  annexation 
and  other  papers  relating  thereto,  and  a certified  transcript  of 
the  proceedings  of  the  county  commissioners  in  relation  thereto, 


526 


Ordinances  of  the  City  of  Cincinnati 


is  on  hie  with  the  clerk  of  Council,  and  the  same  is  hereby 
accepted. 

[Note. — Annexation  completed  March  17,  1904.] 

No.  322.  Passed  February  23,  1904. 

Accepting-  the  annexation  to  the  City  of  Cincinnati  of  contig-uous 
territory  of  Millcreek  Township. 

Be  it  ordained  by  the  Council  of  the  City  of  Cincinnati , State  of  Ohio : 

SEC.  1.  That  the  annexation  authorized  by  the  action  of 
the  commissioners  of  Hamilton  County  on  February  5,  1903, 
of  the  following  described  territory  of  the  county  of  Hamilton 
contiguous  to  the  city  of  Cincinnati — “ Commencing  at  the 
intersection  of  Mill  Creek  (the  same  being  the  present  west 
corporation  line  of  the  city  of  Cincinnati)  with  the  south  line 
of  Section  27,  Millcreek  Township  ; thence  west  along  the  south 
lie  of  Section  27,  Millcreek  Township,  to  the  west  line  of  said 
section  ; thence  north  along  the  west  lines  of  Sections  27  and 
28,  Millcreek  Township,  to  the  West  Fork  Creek  (the  same 
being  the  present  corporation  line  of  the  city  of  Cincinnati); 
thence  along  the  West  Fork  Creek,  the  present  corporation 
line,  to  Mill  Creek  ; thence  along  Mill  Creek  to  the  place  of 
beginning” — and  an  accurate  map  of  which  territory,  together 
with  the  petition  for  its  annexation  and  other  papers  relating 
thereto,  and  a certified  transcript  of  the  proceedings  of  the 
county  commissioners  in  relation  thereto  are  on  file  with  the 
clerk  of  Council,  be  and  the  same  is  hereby  accepted. 

[NOTE. — Annexation  completed  March  17,  1904.] 

NO.  330.  Passed  February  24,  1904. 

Granting-  to  the  Cincinnati,  New  Orleans  & Texas  Pacific  Railway 
Company  the  rig-ht  to  construct  tracks  in  and  across  Flint  Street 
and  across  Wade  Street. 

Be  it  ordained  by  the  Council  of  the  City  of  Cincinnati , State  of  Ohio : 

Sec.  1.  That  the  Cincinnati,  New  Orleans  & Texas  Pacific 
Railway  Company  be  and  the  same  is  hereby  granted  the  right 
to  construct  and  maintain  a track  on  the  east  side  of  McLean 
Avenue,  commencing  at  a point  about  fifty -six  feet  north  of 


Ordinances  of  the  City  of  Cincinnati 


527 


Wade  Street ; thence  running  south  along  McLean  Avenue  to 
the  north  side  of  Wade  Street ; thence  sontheastwardly  at  a 
curve  of  about  twenty-two  degrees  across  Wade  Street ; also 
across  Flint  Street  at  a point  about  one  hundred  and  forty 
feet  east  of  McLean  Avenue  ; and  also  a track  commencing 
on  the  north  side  of  Flint  Street,  about  one  hundred  and  sixty- 
five  feet  east  of  McLean  Avenue  ; thence  crossing  Flint  Street 
on  a curve  of  about  twenty-two  degrees,  and  being  along  the 
south  side  of  Flint  Street  to  the  west  side  of  Dalton  Avenue  ; 
all  the  above  as  shown  on  plat  hereto  attached  and  made  part 
hereof. 

SKC.  2.  That  said  track  shall  be  constructed  under  the 
direction  and  to  the  satisfaction  of  the  chief  engineer  of  the 
Board  of  Public  Service  of  said  city,  and  so  as  not  to  interfere 
with  the  ordinary  use  and  drainage  of  said  street. 

Sec.  3.  Said  tracks  in  said  street,  and  the  street  itself 
between  the  rails  thereof  and  for  two  and  one  half  feet  on  each 
side  of  the  rails,  shall  be  maintained  in  such  state  of  repair  at 
all  times  as  not  to  interfere  with  the  ordinary  use  and  drainage 
of  said  street,  and  as  may  be  required  by  the  chief  engineer  of 
the  Board  of  Public  Service  or  other  board  having  its  or  like 
power. 

Sec.  4.  The  company  accepting  this  grant  shall  place  and 
maintain  between  the  rails  thereof,  and  to  within  two  and  one 
half  inches  thereof  on  either  side,  a planking  of  solid  oak  plank, 
securely  spiked  to  the  crossties.  Said  planking  to  be  of  the 
same  thickness  as  the  depth  of  the  rail,  so  that  the  surface  of 
the  plank  shall  be  flush  with  the  top  of  the  rail.  An  oak 
planking  of  not  less  than  four  inches  in  width,  and  of  the  same 
thickness  as  that  between  the  rails,  shall  be  securely  spiked 
to  the  crossties  against  the  outer  edge  of  each  rail  and  flush 
with  the  top  thereof.  The  company  accepting  under  this 
franchise  shall  restore  to  good  condition  the  streets  and  side- 
walks where  disturbed,  and  keep  the  same  in  good  repair  at 
all  times  during  their  use  of  the  tracks  therein  specified.  This 
work  to  be  all  done  under  the  direction  and  to  the  satisfaction 


528 


Ordinances  of  the  City  of  Cincinnati 


of  the  Board  of  Public  Service  and  its  chief  engineer.  Council 
of  the  city  of  Cincinnati,  state  of  Ohio,  reserves  the  right  to 
remove  said  tracks  if  at  any  time  the  city  finds  it  will  inter- 
fere with  the  use  of  the  street  for  vehicle  travel,  and  upon 
notice  sent  to  said  company  by  Council  they  shall  remove  said 
tracks  within  sixty  days,  and  if  not  then  Council  shall  remove 
said  tracks  and  charge  the  cost  of  same  to  the  company  ac- 
cepting this  grant. 

No.  331.  Passed  March  7,  1904. 

Regulating-  the  sale  to  minors  of  ammunition  for  toy  pistols  and 
torpedo  - canes  and  of  blank  cartridges. 

Be  it  ordained  by  the  Council  of  the  City  of  Cincinnati , State  of  Ohio: 
SEC.  1.  The  sale  within  the  limits  of  the  city  of  Cincinnati 
to  minors  of  caps  or  other  explosive  devices  used  in  the 
discharge  of  toy  pistols  and  torpedo-canes,  and  of  all  blank 
cartridges  whether  for  use  in  pistols,  revolvers,  or  cannons, 
be  and  the  same  is  hereby  prohibited. 

SEC.  2.  Any  person  making  any  sale  contrary  to  the  pro- 
visions of  this  ordinance  shall  upon  conviction  thereof  be  fined 
in  a sum  not  exceeding  one  hundred  dollars  for  each  offense. 

No.  365.  Passed  March  21,  1904. 

Granting  permission  to  Shannon  & Sokup  to  erect  and  maintain  a 
drinking  - fountain  for  the  use  of  the  public. 

Be  it  ordained  by  the  Council  of  the  City  of  Cincinnati,  State  of  Ohio: 
SEC.  1.  That  permission  be  and  hereby  is  granted  to 
Shannon  & Sokup  to  erect  a public  drinking-fountain  on  Fifth 
Street,  at  some  point  directly  in  front  of  the  premises  known 
as  Nos.  118  and  120  West  Fifth  Street,  said  fountain  to  be 
erected,  maintained,  and  paid  for  by  said  Shannon  & Sokup, 
and  to  be  under  the  supervision  and  subject  to  the  approval 
of  the  chief  engineer  of  the  Board  of  Public  Service,  and 
erected  at  such  a place  on  said  Fifth  Street  as  shall  be  desig- 
nated by  said  engineer. 

Sec.  2.  That  said  permission  to  erect  and  maintain  such 
fountain  is  granted  subject  to  all  ordinances  of  the  city  of 


Ordinances  of  the  City  of  Cincinnati 


529 


Cincinnati  relative  thereto,  and  subject  to  the  revocation 
of  such  permission  and  removal  of  such  fountain  by  the  order 
of  Council. 

No.  366.  Passed  March  28,  1904. 

To  amend  sections  2 and  3 of  an  ordinance  entitled  “An  ordinance 
to  provide  for  the  depositing"  and  regulating  the  manner  of 
collecting  the  garbage,  etc.,  of  the  City  of  Cincinnati,”  passed 
November  18,  1901. 

Be  it  ordained  by  the  Council  of  the  City  of  Cincinnati , State  of  Ohio: 
SEC.  1.  That  sections  2 and  3 of  an  ordinance  entitled 
“ An  ordinance  to  provide  for  the  depositing  and  regulating 
the  manner  of  collecting  the  garbage,  etc.,  of  the  city  of  Cin- 
cinnati,” passed  November  18, 1901,  be  and  the  same  is  hereby 
amended  so  as  to  read  as  follows : 

SEC.  2.  The  word  “garbage”  shall  be  held  to  include  all 
refuse  of  animal,  fish,  or  vegetable  matter  which  has  been 
used  for  food  for  man,  and  all  refuse  animal,  fish,  or  vegetable 
matter  which  was  intended  to  be  so  used.  All  garbage  shall  be 
collected  in  water-tight  closed  metal  boxes,  and  such  boxes 
shall  be  purified  as  often  as  the  Board  of  Public  Service  shall 
direct,  and  shall  have  painted  thereon  the  word  “Garbage.” 
SEC.  3.  It  is  hereby  made  the  duty  of  the  contractor  with 
the  city  of  Cincinnati  for  the  collection  and  removal  of  garbage 
and  dead  animals  to  collect  and  remove,  in  accordance  with 
the  ordinances  and  contract  of  the  city,  all  garbage  and  refuse 
animal,  fish,  or  vegetable  matter  found  within  the  city  limits  ; 
and  also  all  dead  animals  which  are  not  removed  or  disposed 
of  by  the  owner  in  a lawful  manner  within  a reasonable  time, 
and  not  exceeding  twelve  hours  from  the  time  of  their  death. 
Except  as  herein  provided  as  to  dead  animals,  no  other  person 
or  party  than  the  city  contractor  or  its  agents  shall  carry, 
convey,  or  transport  through  the  streets,  alleys,  or  public 
places  of  the  city  of  Cincinnati  such  materials  ; and  it  shall 
be  unlawful  for  any  person  to  interfere  in  any  manner  with 
the  collection  and  disposal  of  such  materials  by  the  city 
contractor. 


530 


Ordinances  of  the  City  of  Cincinnati 


NO.  367.  Passed  March  28,  1904. 

To  authorize  the  M.  B.  Farrin  Lumber  Company  to  erect  a conduit 
over  Station  Avenue,  between  the  line  of  the  Cincinnati,  Ham- 
ilton & Dayton  Railroad  and  Spring  - Grove  Avenue. 

Be  it  ordained  by  the  Council  of  the  City  of  Cincinnati , State  of  Ohio: 

SEC.  1.  That  upon  the  giving  of  a bond,  to  be  approved 
by  the  city  solicitor,  in  the  sum  of  five  thousand  dollars  to 
the  city  of  Cincinnati,  conditioned  on  the  payment  of  any 
damages  which  may  be  suffered  by  or  assessed  against  the 
city  of  Cincinnati  by  reason  of  its  permission  to  erect  and 
maintain  the  overhead  conduit  hereinafter  described,  the  M.  B. 
Farrin  Lumber  Company,  a corporation  under  the  laws  of 
Ohio,  be  and  it  is  hereby  authorized  and  permitted  to  erect 
and  maintain  an  overhead  conduit  across  Station  Avenue, 
about  midway  between  the  line  of  the  Cincinnati,  Hamilton 
& Dayton  Railroad  and  Spring -Grove  Avenue  in  said  city, 
said  conduit  to  be  of  twenty-inch  galvanized  iron  pipe,  sup- 
ported at  the  curb-lines  of  Station  Avenue  by  ornamental  posts 
and  brackets,  to  be  erected  to  such  a height  as  will  leave  at 
least  twenty  feet  clear  between  it  and  the  level  of  the  side- 
walks under  it,  the  construction  to  be  subject  to  the  approval 
of  the  chief  engineer  of  the  Board  of  Public  Service,  and 
subject  to  the  right  of  Council  at  any  time  to  rescind  this 
permission  and  to  order  said  conduit  taken  down. 

SEC.  2.  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage  and  the  performance  by  the  M.  B. 
Farrin  Lumber  Company  of  the  condition  as  to  the  bond. 

No.  371.  Passed  March  28,  1904. 

Granting  permission  to  the  Cincinnati  Traction  Company  to  lay  a 
railway  track  across  Eastern  Avenue. 

Be  it  ordained  by  the  Council  of  the  City  of  Cincinnati , State  of  Ohio : 

Sec.  1.  That  permission  is  hereby  granted  to  the  Cincin- 
nati Traction  Company  to  lay  and  maintain  a railway  track 
across  Eastern  Avenue,  near  St.  Andrew  Street,  to  connect 
two  pieces  of  property  belonging  to  that  company. 


Ordinances  of  the  City  of  Cincinnati 


531 


SEC.  2.  This  track  shall  be  laid  under  the  direction  of 
the  Board  of  Public  Service  and  its  chief  engineer  in  such 
manner  as  not  to  interfere  in  any  way  with  travel  upon 
Eastern  Avenue.  • 

Sec.  3.  The  street  where  disturbed  by  the  laying  of  this 
track  shall  be  restored  by  the  Cincinnati  Traction  Company 
to  as  good  condition  as  before  being  thus  disturbed,  so  that 
there  shall  be  no  obstruction  to  travel  in  the  character  of  the 
surface  of  the  street. 

No.  385.  Passed  April  4,  1904. 

Granting-  to  the  Cleveland,  Cincinnati,  Chicago  & St.  Louis  Railway 
Company  the  right  to  place  three  vestibules  at  the  entrances  of 
their  office  in  the  Ingalls  Building. 

Be  it  ordained  by  the  Council  of  the  City  of  Cincinnati , State  of  Ohio : 

Sec.  1.  That  permission  be  and  the  same  is  hereby  granted 
to  the  Cleveland,  Cincinnati,  Chicago  & St.  Louis  Railway 
Company  to  construct  three  vestibules,  one  at  each  of  the  two 
entrances  on  Vine  Street  and  one  at  the  entrance  on  Fourth 
Street,  to  the  offices  of  said  railroad  company  located  in  the 
Ingalls  Building,  said  vestibules  to  extend  onto  the  sidewalk 
at  a distance  not  to  exceed  two  and  one  half  feet  from  the 
house-line  of  said  building. 

SEC.  2.  Said  vestibules  are  to  be  constructed  only  after 
permit  granted  by  the  inspector  of  buildings  and  in  accordance 
with  plans  previously  approved  by  said  inspector  of  buildings, 
and  to  be  maintained  subject  at  all  times  to  the  control  of  said 
inspector  of  buildings  and  to  all  regulations  made  by  ordi- 
nances of  the  city  or  statutes  of  the  state. 

SEC.  3.  The  grant  to  construct  and  maintain  such  vesti- 
bules shall  continue  until  revoked  by  Council,  and  if  revoked 
said  vestibules  shall  be  immediately  removed  by  said  railway 
company  or  by  the  owners  of  the  building  whereon  they  are 
constructed. 


532 


Ordinances  of  the  City  of  Cincinnati 


No.  394.  Passed  April  11,  1904. 

Supplementary  to  an  ordinance  entitled  “ An  ordinance  to  pro- 
vide for  a uniform  system  of  numbering:  houses,”  passed  March 
13,  1891. 

Be  it  ordained  by  the  Council  of  the  City  of  Cincinnati,  State  of  Ohio : 

SEC.  1.  The  provisions  of  an  ordinance  entitled  “An  ordi- 
nance to  provide  for  a uniform  system  of  numbering  houses,” 
passed  March  13,  1891,  shall  apply  to  all  territory  annexed  to 
the  city  of  Cincinnati  since  the  passage  of  said  ordinance  or 
which  may  be  hereafter  annexed  to  the  city  of  Cincinnati  ; 
and  the  dividing-line  for  house  numbers  on  the  streets,  avenues, 
or  alleys  running  east  and  west  is  continued  north  on  Vine 
Street  to  Erkenbrecher  Avenue,  thence  along  Erkenbrecher 
Avenue  to  Carthage  Pike,  thence  along  Carthage  Pike  to  the 
corporation  line  of  the  city.  The  powers  and  duties  given  to 
the  chief  engineer  of  the  Board  of  Public  Improvements  by 
said  ordinance  are  hereby  transferred  and  given  to  the  chief 
engineer  of  the  Board  of  Public  Service. 

NO.  408.  Passed  April  25,  1904. 

Supplementary  to  an  ordinance  entitled  “ An  ordinance  providing 
for  officers  and  members  of  Council,  and  fixing  their  duties, 
compensation,  and  bonds,”  passed  May  4,  1903. 

Be  it  ordained  by  the  Council  of  the  City  of  Cincinnati , State  of  Ohio: 

SEC.  1.  In  addition  to  the  employees  provided  for  in  the 
ordinance  to  which  this  is  supplementary  there  shall  be  a 
record  examiner,  whose  duties,  under  the  direction  of  the 
clerk,  shall  be  to  make  all  examinations  of  records  necessary 
in  the  appropriation  of  property  or  improvement  of  streets  so 
that  all  proper  notices  may  be  served,  and  upon  the  passage 
of  ordinances  directing  the  solicitor  to  institute  condemna- 
tion proceedings  a certificate  shall  be  given  by  such  record 
examiner  to  the  solicitor  of  such  examination  showing  the 
names  of  all  persons  having  any  record  interest  in  said  prop- 
erty and  the  character  of  the  several  interests.  The  compen- 
sation of  such  record  examiner  shall  be  one  hundred  dollars 


Ordinances  of  the  City  of  Cincinnati 


533 


per  month,  and  said  record  examiner  shall  give  bond  in  the 
sum  of  three  thousand  dollars  for  the  faithful  discharge  of 
his  duties. 

NO.  417.  Passed  May  2,  1904. 

Amending-  Section  1 of  an  ordinance  entitled  “ An  ordinance  to 
establish  the  office  of  city  weig-her,”  passed  September  3,  1847. 

Be  it  ordained  by  the  Council  of  the  City  of  Cincinnati,  State  of  Ohio: 

Sec.  1.  That  Section  1 of  an  ordinance  entitled  “An 
ordinance  to  establish  the  office  of  city  weigher,”  passed 
September  3,  1847,  be  amended  so  as  to  read  as  follows  : 

Sec.  1.  There  is  hereby  created  the  office  of  city  weigher, 
which  shall  be  filled  by  appointment  by  the  mayor.  The  term 
of  such  office  shall  be  one  year,  and  the  bond  therefor  shall 
be  two  thousand  dollars.  The  city  weigher  shall  keep  an 
office  in  some  central  part  of  the  city,  and  shall  supply  himself 
with  suitable  scales,  tested  and  approved  by  the  city  sealer 
of  weights  and  measures,  and  when  requested  shall  weigh  any 
article  of  commerce  and  deliver  to  the  applicant  a certificate 
of  the  weight  thereof.  He  shall  keep  a register  of  all  articles 
weighed.  He  shall  report  an  abstract  thereof,  with  the  amount 
of  fees  received,  to  the  city  auditor,  under  oath,  on  or  before 
the  first  day  of  each  and  every  month. 

Sec.  2.  Section  1 of  said  ordinance  entitled  “ An  ordinance 
to  establish  the  office  of  city  weigher,”  passed  September  3, 
1847,  is  hereby  repealed. 


No.  423.  Passed  May  2,  1905. 

Authorizing  the  annexation  of  contiguous  territory  east  of  Reading 
Road  to  the  City  of  Cincinnati. 

Be  it  ordanied  by  the  Council  of  the  City  of  Cincinnati , Stale  of  Ohio : 

Sec.  1.  That  the  annexation  to  the  city  of  Cincinnati  of 
the  territory  hereinafter  described  and  indicated  on  the  plat 
hereto  attached  be  and  the  same  is  hereby  authorized,  to-wit : 
Commencing  at  the  southeast  corner  of  Section  5,  Millcreek 


534 


Ordinances  of  the  City  of  Cincinnati 


Township  ; thence  north  along  the  east  line  of  Sections  5 and  6, 
Millcreek  Township,  to  the  center  of  Carthage  avenue;  thence 
northwestwardly  along  the  center  line  of  Carthage  Avenue  to 
the  west  line  of  Reading  Road  ; thence  south  along  the  west 
line  of  Reading  Road  to  the  south  line  of  Section  5,  Millcreek 
Township;  thence  east  along  said  section  line  to  the  place 
of  beginning. 

SEC.  2.  That  the  city  solicitor  be  and  is  hereby  authorized 
to  prosecute  proceedings  necessary  to  effect  such  annexation. 

No.  756.  Passed  February  7,  1905. 

An  ordinance  to  accept  the  annexation  to  the  City  of  Cincinnati 
of  contiguous  territory  east  of  Reading  Road. 

Be  it  ordained  by  the  Council  of  the  City  of  Cincinnati , State  of  Ohio-. 

SEC.  1.  That  the  annexation  authorized  by  the  commis- 
sioners of  Hamilton  County,  Ohio,  on  November  16,  1904,  of 
the  following  described  territory  of  the  county  of  Hamilton, 
contiguous  to  the  city  of  Cincinnati  — Commencing  at  the 
southeast  corner  of  Section  5,  Millcreek  Township  ; thence 
north  along  the  east  line  of  Sections  5 and  6,  Millcreek  Town- 
ship, to  the  center  of  Carthage  Avenue  ; thence  northwest- 
wardly along  the  center  line  of  Carthage  Avenue  to  the  west 
line  of  Reading  Road  ; thence  south  along  the  west  line  of 
Reading  Road  to  the  south  line  of  Section  5,  Millcreek  Town- 
ship ; thence  east  along  said  section  line  to  the  place  of 
beginning  ; an  accurate  map  of  which  territory,  together  with 
the  petition  for  its  annexation  and  other  papers  relating 
thereto,  and  a certified  transcript  of  the  proceedings  of  the 
county  commissioners  in  relation  thereto  are  on  file  with  the 
clerk  of  Council  — be  and  the  same  is  hereby  accepted. 

[Note. — Annexation  completed  at  4 o’clock  P.  M.  Saturday,  Feb- 
ruary 18,  1905. 


Ordinances  of  the  City  of  Cincinnati 


535 


No.  443.  Passed  May  16,  1904. 

To  amend  Section  1 of  an  ordinance  entitled  “An  ordinance  to 
establish  a Board  of  Health  and  regulate  its  duties,”  passed 
May  4,  1903. 

Be  it  ordained  by  the  Council  of  the  City  of  Cincinnati , State  of  Ohio: 

SEC.  1.  That  Section  1 of  an  ordinance  entitled  “An  ordi- 
nance, No.  5,  to  establish  a Board  of  Health  and  regulate  its 
duties,”  passed  May  4,  1903,  be  amended  so  as  to  read  as 
follows  : 

SEC.  1.  It  is  hereby  declared  that  it  will  be  for  the  best 
interest  of  the  city  of  Cincinnati  that  the  Board  of  Public 
Service  act  as  a Board  of  Health  for  said  city,  and  said  Board 
of  Public  Service  is  hereby  constituted  as  the  Board  of  Health 
of  said  city,  as  provided  in  Section  187  of  the  new  municipal 
code,  as  amended  April  25,  1904. 

SEC.  2.  Section  1 of  said  ordinance  entitled  “An  ordinance, 
No.  5,  to  establish  a Board  of  Health  and  to  regulate  its  duties,” 
passed  May  4,  1903,  be  and  the  same  is  hereby  repealed. 


NO.  459.  Passed  May  23,  1904. 

Supplementary  to  Section  1 of  an  ordinance  entitled  “An  ordinance 
fixing  the  wharfage  fees  for  the  use  of  the  Public  Landing,  and 
providing  for  the  collection  thereof,”  passed  October  8,  1900. 

Be  it  ordained  by  the  Council  of  the  City  of  Cincinnati , State  of  Ohio: 

SEC.  1.  That  Section  1 of  an  ordinance  entitled  “An  ordi- 
nance fixing  wharfage  fees  for  the  use  of  the  Public  Landing 
and  providing  for  the  collection  thereof,”  passed  October  8, 
1900,  be  supplemented  by  supplementary  section  as  follows  : 
Sec.  1.  Steamboats  or  other  watercraft  making  regular 
excursion  trips  to  points  within  ten  miles  of  the  Public  Laud- 
ing of  the  city  of  Cincinnati,  and  transporting  passengers 
exclusively,  shall  pay  for  each  such  trip,  in  lieu  of  the  wharf- 
age fees  provided  for  in  the  section  to  which  this  section  is 
supplementary,  the  sum  of  one  dollar  for  each  and  every 
landing  at  the  Public  Lauding  of  said  city.  If  such  steamboat 


536 


Ordinances  of  the  Citv  of  Cincinnati 


or  watercraft  remains  continuously  at  the  Public  Landing  for 
more  than  twelve  hours,  it  shall  pay  the  wharfage  fees  provided 
for  in  the  section  of  which  this  section  is  supplementary. 

No.  472.  Passed  June  13,  1904. 

Supplementary  to  an  ordinance  entitled  “ An  ordinance  providing 
for  officers  and  members  of  Council,  and  fixing  their  duties, 
compensation,  and  bond,”  passed  May  4,  1903. 

Be  it  ordained  by  the  Council  of  the  City  of  Cincinnati , State  of  Ohio: 

Sec.  1.  That  in  addition  to  the  employees  provided  for 
in  the  ordinance  to  which  this  is  supplementary  and  in  the 
ordinances  supplementary  thereto  there  shall  be  two  additional 
notice  clerks,  whose  duties  shall  be  to  serve  notices  upon 
property-owners  and  others  under  ordinances  and  resolutions 
of  Council.  Their  compensation  shall  be  nine  hundred  dollars 
per  year.  They  shall  each  give  bond  in  the  sum  of  two 
thousand  dollars. 

Sec.  2.  This  ordinance  shall  take  effect  from  and  after  the 
earliest  period  allowed  by  law,  and  shall  remain  in  full  force 
and  effect  for  the  period  of  one  year  after  the  appointments 
herein  provided  for  are  made. 

No.  473.  Passed  Juue  13,  1904. 

Prohibiting  the  throwing  upon  the  streets  of  confetti,  paper  ribbons, 
or  other  things  of  that  kind. 

Be  it  ordained  by  the  Council  of  the  City  of  Cincinnati , State  of  Ohio : 

Sec.  1.  That  it  shall  be  unlawful  for  any  person  or  persons 
to  throw  into  or  upon  any  of  the  streets,  sidewalks,  alleys,  or 
public  places  of  this  city  any  small  particles  of  paper  called  or 
known  as  confetti,  or  any  other  small  particles  of  paper,  or  any 
paper  ribbons  or  strings,  or  small  feather  dusters,  or  any  thing 
of  that  character  ; and  any  person  found  guilty  of  so  doing  shall 
be  subject  to  a fine  of  not  less  than  five  dollars  or  more  than 
fifty  dollars,  or  imprisonment  for  not  more  than  thirty  days, 
or  both  fine  and  imprisonment. 


Ordinances  of  the  City  of  Cincinnati 


537 


NO.  499.  Passed  July  11,  1904. 

To  authorize  the  annexation  of  certain  territory  bounded,  by  Spring- 
Grove  Avenue,  west  line  of  Section  16,  Miami  and  Erie  Canal, 
west  line  of  Donnell  Street  produced,  center  of  Mill  Creek,  and 
east  line  of  lot  No.  22  of  the  M.  & C.  R.  R.  subdivision  to  the 
City  of  Cincinnati. 

Be  it  ordained  by  the  Council  of  the  City  of  Cincinnati , State  of  Ohio : 

SEC.  1.  That  the  annexation  of  the  following  described 
territory — beginning  at  a point  in  the  south  line  of  Spring- 
Grove  Avenue  and  the  west  line  of  Section  16  ; thence  south 
along  the  west  line  of  Section  16  to  the  Miami  and  Erie  Canal 
and  present  corporation  line  ; thence  easterly  along  the  canal 
and  present  corporation  line  to  a point  where  the  west  line  of 
Donnell  Street  produced  intersects  the  same  ; thence  north  on 
said  produced  line  to  the  center  of  Mill  Creek  ; thence  north- 
westwardly along  the  center  of  Mill  Creek  to  the  east  line  of 
lot  No.  22  of  the  M.  & C.  R.  R.  subdivision  ; thence  north- 
wardly on  said  east  line  and  line  produced  to  the  south  line 
of  Spring -Grove  Avenue;  thence  south  westwardly  along  the 
south  line  of  Spring-Grove  Avenue  to  the  place  of  beginning — 
be  and  the  same  is  hereby  authorized. 

Sec.  2.  That  the  solicitor  be  and  he  is  hereby  authorized 
to  prosecute  the  proceedings  necessary  to  effect  such  annex- 
ation. 

No.  753.  Passed  January  30,  1905. 

To  accept  the  annexation  to  the  City  of  Cincinnati  of  certain  ter- 
ritory bounded  by  Spring-Grove  Avenue,  west  line  of  Section  16, 
Miami  and  Erie  Canal,  west  line  of  Donnell  Street  produced, 
center  of  Mill  Creek,  and  east  line  of  lot  No.  22  of  the  M.  & C. 
R.  R.  subdivision. 

Be  it  ordained  by  the  Council  of  the  City  of  Cincinnati,  State  of  Ohio : 

Sec.  1.  That  the  annexation  authorized  by  the  commis- 
sioners of  Hamilton  County,  Ohio,  on  November  16,  1904,  of 
the  following  described  territory  of  the  county  of  Hamilton 
contiguous  to  the  city  of  Cincinnati — beginning  at  a point  in 
the  south  line  of  Spring-Grove  Avenue  and  the  west  line  of 
Section  16  ; thence  south  along  the  west  line  of  Section  16  to 


538 


Ordinances  of  the  City  of  Cincinnati 


the  Miami  and  Erie  Canal  and  present  corporation  line;  thence 
easterly  along  the  canal  and  the  present  corporation  line  to  a 
point  where  the  west  line  of  Donnell  Street  intersects  the 
same  ; thence  north  on  said  produced  line  to  the  center  of  Mill 
Creek ; thence  northwestwardly  along  the  center  of  Mill  Creek 
to  the  east  line  of  lot  No.  22  of  the  M.  & C.  R.  R.  subdivision ; 
thence  northwardly  on  said  east  line  and  line  produced  to  the 
south  line  of  Spring-Grove  Avenue  ; thence  southwestwardly 
along  the  south  line  of  Spring-Grove  Avenue  to  the  place  of 
beginning  ; an  accurate  map  of  which  territory,  together  with 
the  petition  for  its  annexation  and  other  papers  relating  thereto, 
and  a certified  transcript  of  the  proceedings  of  the  county 
commissioners  in  relation  thereto  are  on  file  with  the  clerk 
of  Council — be  and  the  same  is  hereby  accepted. 

[Note. — Annexation  completed  at  4 o’clock  p.  m.  Friday,  Feb- 
ruary 10,  1905. 

No.  554.  Passed  August  29,  1904. 

Regulating  street  parades,  processions,  and  street  assemblages  in 

the  City  of  Cincinnati. 

Be  it  ordained,  by  the  Council  of  the  City  of  Cincinnati , State  of  Ohio : 

SEC.  1.  That  all  street  parades,  processions  and  street  assem- 
blages occupying,  assembling  or  marching  upon  any  street, 
lane,  alley,  highway,  wharf  or  public  square  of  the  city  of  Cin- 
cinnati, excepting  posts  of  the  Grand  Army  of  the  Republic, 
the  National  Guard  of  the  State  of  Ohio,  funeral  processions, 
and  the  fire  and  police  forces  of  the  city  of  Cincinnati,  are 
forbidden  unless  a permit  for  the  same  shall  have  previously 
been  obtained  from  the  chief  of  police.  Written  notice  of  the 
object,  time,  and  desired  place  or  route  of  such  procession, 
parade,  or  assemblage,  and  the  character,  purpose,  and  names 
of  the  officers  of  the  same,  shall  be  given  by  the  chief  officers 
thereof  not  less  than  twenty  - four  hours  previous  to  its  form- 
ing, assembling,  or  marching  to  the  chief  of  police ; and  to 
protect  the  business  interests  of  the  citizens,  and  to  prevent 
delay  in  travel,  and  to  preserve  peace  and  good  order  of  the 


Ordinances  of  the  City  of  Cincinnati 


539 


city,  the  said  chief  of  police  shall  designate  to  such  procession, 
parade,  or  assemblage  what  and  how  much  of  the  streets, 
lanes,  alleys,  highways,  wharves,  or  public  squares  it  may 
occupy ; and  it  shall  be  the  duty  of  said  chief  of  police  to 
furnish  such  escort  as  may  be  necessary  to  protect  persons 
and  property,  and  maintain  public  peace  and  good  order  of 
the  city. 

Sec.  2.  Any  person  or  persons  violating  any  of  the  pro- 
visions of  this  ordinance  shall  be  punished  by  a fine  of  not 
less  than  twenty-five  dollars  nor  more  than  one  hundred  dollars 
for  each  offense,  and  in  default  of  payment  of  said  fine  and 
costs  shall  be  committed  to  the  Cincinnati  Workhouse  for  a 
period  of  not  more  than  thirty  days. 

No.  557.  Passed  August  29,  1904. 

Creating-  the  office  of  inspector  and  weigher  of  hay,  and  prescribing 
his  duties.  * 

Be  it  ordained  by  the  Council  of  the  City  of  Cincinnati,  State  of  Ohio : 

Sec.  1.  There  is  hereby  created  and  established  the  office 
of  inspector  and  weigher  of  hay.  He  shall  be  appointed  for 
one  year,  and  shall  serve  until  a successor  is  appointed  and 
qualified.  He  shall  receive  a salary  of  four  hundred  and  eighty 
dollars  per  year,  payable  in  monthly  installments,  and  shall 
give  bond  in  the  sum  of  one  thousand  dollars.  His  duties 
shall  be  as  herein  prescribed,  and  he  shall  enforce  the  provisions 
of  this  ordinance. 

SEC.  2.  Said  inspector  and  weigher  of  hay  shall,  when  re- 
quested by  the  purchaser  or  seller,  inspect  and  weigh  all  hay, 
and  ascertain  the  quality  and  net  weight  of  each  parcel  or  load 
thereof,  and  make  proper  deduction  for  the  weight  of  the  car- 
riage or  other  vehicle,  poles,  ropes,  or  other  extraneous  matter 
in  and  about  said  hay  when  weighed.  He  shall  give  to  the 
person  or  persons  desiring  such  inspection  and  weighing  a 
certificate  of  the  character,  quality,  and  net  weight  of  such  load 
or  parcel.  He  shall  keep  a record  of  such  certificates  so  issued, 
and  shall  make  a monthly  report  thereof  to  the  city  auditor. 


540 


Ordinances  of  the  City  of  Cincinnati 


SEC.  3.  Such  inspector  and  weigher  shall  charge  and  receive 
the  following  fees  for  all  hay  weighed  or  inspected,  to-wit  : 


For  each  load  or  parcel  not  exceeding  1,000  pounds 15c 

For  each  load  or  parcel  exceeding  1,000  pounds 25c 


All  fees  collected  shall  be  paid  monthly  to  the  city  treasurer. 

Sec.  4.  It  shall  be  unlawful  for  any  person  to  offer  for  sale 
upon  the  streets  and  public  places  or  in  the  public  markets 
of  said  city  any  hay  without  first  obtaining  the  certificate  as 
to  weight,  character,  and  quality  herein  provided  for. 

SEC.  5.  Notwithstanding  the  seller  may  have  obtained  the 
certificate  herein  provided  for,  he  shall,  upon  request  of  the 
purchaser,  permit  said  hay  to  be  again  inspected  and  weighed, 
provided  the  purchaser  pays  the  necessary  fee  therefor. 

Sec.  6.  It  shall  be  unlawful  to  sell  or  offer  for  sale  within 
the  limits  of  the  city  of  Cincinnati  any  hay  or  straw  in  bales 
unless  there  be  marked  in  a legible  manner  upon  such  bale 
the  gross  weight  thereof,  and  the  exact  tare  or  weight  of  the 
baling. 

SEC.  7.  Any  person  violating  the  provisions  of  this  ordi- 
nance shall  upon  conviction  thereof  be  fined  in  a sum  not 
exceeding  one  hundred  dollars. 

SEC.  8.  An  ordinance  entitled  “ An  ordinance  to  regulate 
the  inspection  and  weighing  of  hay  in  the  city  of  Cincinnati 
and  for  licensing  inspectors  and  weighers,”  passed  September 
22,  1848  (C.  & H.  258),  and  an  ordinance  entitled  “An  ordi- 
nance supplementary  to  an  ordinance  to  regulate  the  inspection 
and  weighing  of  hay  in  the  city  of  Cincinnati  and  for  licensing 
inspectors  and  weighers,”  passed  February  20,  1850  (C.  & H. 
260),  and  an  ordinance  entitled  “An  ordinance  supplementary 
to  an  ordinance  entitled  ‘An  ordinance  to  regulate  the  inspec- 
tion and  weighing  of  hay  in  the  city  of  Cincinnati  and  for 
licensing  inspectors  and  weighers,  passed  September  22, 1848,’  ” 
passed  March  14,  1860  (C.  & H.  260),  and  an  ordinance 
entitled  “ An  ordinance  to  regulate  the  sale  of  baled  hay 
and  straw  in  the  city  of  Cincinnati,”  passed  April  3,  1868 
(C.  & H.  261),  are  hereby  repealed. 


Ordinances  of  the  City  of  Cincinnati 


541 


No.  555.  Passed  August  29,  1904. 

Authorizing-  the  Board  of  Public  Service  to  enter  into  a supple- 
mental contract  with  the  Cincinnati  Reduction  Company  for 
the  collection,  removal,  and  disposal  of  g-arbagre  in  the  territory 
recently  annexed  to  the  City  of  Cincinnati. 

Whereas , The  contract  for  the  collection,  removal,  and  dis- 
posal of  garbage,  dead  animals,  and  animal  offal  entered  into 
by  the  city  of  Cincinnati  with  M.  H.  Chamberlin  and  John  B. 
Corlis,  in  pursuance  of  an  ordinance  passed  by  the  Board  of 
Legislation  on  December  30,  1901,  did  not  provide  for  the  terri- 
tory annexed  to  the  city  of  Cincinnati  since  the  date  of  said 
ordinance  ; and 

Whereas , Said  M.  H.  Chamberlin  and  John  B.  Corlis,  with 
the  consent  of  the  city  of  Cincinnati,  assigned  their  contract  to 
the  Cincinnati  Reduction  Company,  a corporation  which  is  now 
performing  said  contract  ; and 

Whereas , The  Cincinnati  Reduction  Company  offers  to  in- 
clude said  territory  so  annexed  in  said  contract  for  the  sum  of 
two  thousand  dollars  per  year  : 

Now , therefore , be  it  ordained  by  the  Council  of  the  City 
of  Cincinnati , State  of  Ohio : 

SEC.  1.  That  the  Board  of  Public  Service  be  and  is  hereby 
authorized  to  enter  into  a contract  with  the  Cincinnati  Reduc- 
tion Company  for  the  collection,  removal,  and  disposal  of 
garbage,  dead  animals,  and  animal  offal  within  the  territory 
annexed  to  the  city  of  Cincinnati  since  December  30,  1901. 
Said  collection,  removal,  and  disposal  is  to  be  done  in  the  same 
manner  and  subject  to  the  same  conditions  provided  for  in  the 
specifications  under  which  the  Cincinnati  Reduction  Company 
is  now  collecting,  removing,  and  disposing  of  garbage,  dead 
animals,  and  animal  offal  in  the  territory  comprised  within  the 
limits  of  the  city  of  Cincinnati  on  December  30,  1901.  Said 
Board  of  Public  Service  is  further  authorized  to  agree  to  pay 
and  to  pay  for  such  work  so  done  in  said  annexed  territory 
the  sum  of  two  thousand  dollars  per  year. 


542 


Ordinances  of  the  City  of  Cincinnati 


No.  607.  Passed  October  10,  1904. 

To  amend  Ordinance  No.  8,  passed  May  4,  1903,  providing-  “for  the 
organization  of  the  Board  of  Trustees  of  the  Sinking  Fund  of  the 
City  of  Cincinnati.” 

Be  it  ordained  by  the  Council  of  the  City  of  Cincinnati , State  of  Ohio : 

SKC.  1.  That  Section  2 of  Ordinance  No.  8,  passed  May  4, 
1903,  entitled  “An  ordinance  to  provide  for  the  organization 
of  the  Board  of  Trustees  of  the  Sinking  Fund  of  the  city  of 
Cincinnati,”  be  amended  so  as  to  read  as  follows: 

SKC.  2.  Said  board  is  hereby  authorized  to  elect  a secretary, 
who  shall  act  as  clerk,  an  assistant  secretary,  and  a stenog- 
rapher. The  salary  of  said  secretary  shall  be  thirty  - five 
hundred  dollars  per  annum  ; that  of  the  assistant  secretary 
eighteen  hundred  dollars  per  annum  ; and  that  of  the  stenog- 
rapher seven  hundred  and  twenty  dollars  per  annum.  Said 
salaries  shall  be  paid  monthly.  The  secretary  and  assistant 
secretary  shall  each  give  bond  in  the  sum  of  fifty  thousand 
dollars.  In  the  absence  or  disability  of  the  secretary  the 
assistant  secretary  shall  perform  all  the  duties  and  exercise  all 
the  powers  of  the  secretary.  Except  as  prescribed  by  law  or 
ordinance,  the  secretary,  assistant  secretary,  and  stenographer 
shall  perform  such  duties  as  the  board,  as  sinking  fund 
trustees  or  tax  commissioners,  may  prescribe. 

No.  609.  Passed  October  10,  1904. 

Supplementary  to  an  ordinance  entitled  “An  ordinance  providing 
for  the  officers,  sergeants,  secretaries,  clerks,  and  employees  of 
the  Board  of  Public  Safety,”  passed  May  18,  1903. 

Be  it  ordained  by  the  Council  of  the  City  of  Cincinnati , State  of  Ohio: 

SEC.  1.  That  ill  addition  to  the  employees  provided  for  in 
the  ordinance  to  which  this  is  supplementary  there  is  hereby 
authorized  the  employment  of  a messenger  at  a salary  of  two 
hundred  and  sixty  dollars  per  annum,  payable  semi-monthly. 


Ordinances  of  the  City  of  Cincinnati 


543 


No.  610.  Passed  October  10,  1904. 

Supplementary  to  an  ordinance  providing-  for  the  organization  of  the 
police  department,  passed  May  18,  1903. 

Be  it  or  darned  by  the  Council  of  the  City  of  Cincinnati , State  of  Ohio: 

SEC.  1.  Any  member  of  the  police  department,  after  the 
Board  of  Public  Safety  shall  have  found  such  member  to  be 
qualified  therefor,  may  be  assigned  as  an  assistant  to  the 
inspector  in  charge  of  the  detective  department,  with  such 
authority  and  under  such  title  as  the  board  may  determine. 
Such  member  so  assigned  shall,  while  so  assigned  as  an  assis- 
tant to  such  inspector,  receive  a salary  at  the  rate  of  seventeen 
hundred  dollars  per  year,  if  his  salary  as  a member  of  said 
department  does  not  amount  to  that  sum. 

Sec.  2.  When  any  of  the  positions  of  detective  provided 
for  in  the  ordinance  to  which  this  is  supplementary  has  become 
or  hereafter  becomes  vacant  for  any  cause,  such  position  is  or 
shall  be  abolished. 

Sec.  3.  In  addition  to  the  number  of  members  of  the  police 
department  occupying  positions  of  detective,  or  detailed  or 
assigned  to  detective  duty,  the  Board  of  Public  Safety  shall  at 
all  times  maintain  a list  of  twenty  members  of  such  police 
department  whom  the  board  find  to  be  qualified  for  detective 
duty,  and  any  of  such  members  so  found  to  be  qualified  may, 
from  time  to  time,  be  assigned  by  the  chief  of  police  to  detec- 
tive duty,  and  such  assignments  so  made  may  be  revoked  at 
any  time.  The  number  so  assigned  for  detective  duty  at  any 
one  time  shall  not  exceed  such  number  as  may,  from  time  to 
time,  be  determined  by  the  Board  of  Public  Safety.  Members 
of  the  police  department  while  so  assigned  to  detective  duty 
shall  receive  such  extra  compensation,  not  exceeding  two 
hundred  dollars  per  year,  as  may  be  necessary  to  increase  their 
respective  salaries  to  a rate  not  more  than  twelve  hundred 
dollars  per  year. 


544 


Ordinances  of  the  City  of  Cincinnati 


No.  615.  Passed  October  17,  1904. 

To  amend  Section  2 of  an  ordinance  “ to  establish  a Board  of  Health 
and  to  regulate  its  duties,”  passed  May  4,  1903. 

Be  it  ordained  by  the  Council  of  the  City  of  Cincinnati,  State  of  Ohio : 
SEC.  1.  That  Section  2 of  an  ordinance  entitled  “An  ordi- 
nance to  establish  a Board  of  Health  and  to  regulate  its  duties,” 
passed  May  4,  1903,  be  amended  so  as  to  read  as  follows: 

Sec.  2.  The  Board  of  Health  may  appoint  twenty-one  ward 
or  district  physicians.  Said  board  may  also  appoint  for  sani- 
tary duty  persons  having  the  necessary  qualifications  for  the 
following  positions,  to-wit : One  head  bookkeeper,  one  regis- 
trar, two  permit  clerks,  one  notice  clerk,  one  stenographer, 
one  milk  inspector,  one  meat  inspector,  five  assistant  meat 
inspectors,  one  sanitary  superintendent,  one  assistant  sanitary 
superintendent,  one  fumigator,  thirty  sanitary  officers,  one 
chemist  and  bacteriologist,  one  medical  inspector,  and  sixteen 
examining  physicians. 

Sec.  2.  That  Section  2 of  an  ordinance  entitled  “An  ordi- 
nance to  establish  a Board  of  Health  and  to  regulate  its  duties,” 
passed  May  4,  1903,  be  and  the  same  is  hereby  repealed. 

No.  634.  Passed  October  31,  1904. 

To  provide  for  a certain  extension  of  the  route  and  tracks  of  the 
Cincinnati  Street  Railway  Company,  known  as  the  Eighth-street 
Route  of  Street  Passenger  Railroads,  to  provide  for  a change  of 
route  of  said  railroad,  and  authorizing  the  abandonment  of  the 
Price-Hill  Spur  Route. 

Be  it  ordained  by  the  Council  of  the  City  of  Cincinnati , State  of  Ohio : 
Whereas , The  Cincinnati  Street  Railway  Company  and  the 
Cincinnati  Traction  Company,  corporations  organized  under 
the  laws  of  Ohio,  respectively  own  and  operate  a certain  elec- 
tric street  passenger  railroad  route  known  as  the  Eighth-street 
Route,  running  to  Price  Hill,  in  the  city  of  Cincinnati,  as 
described  in  the  resolutions  granting  an  extension  of  time,  etc., 
to  the  said  the  Cincinnati  Street  Railway  Company,  passed  by 
the  Board  of  Administration  of  the  said  city  of  Cincinnati  on 
August  13,  1896  ; and 


Ordinances  of  the  City  of  Cincinnati 


545 


Whereas , The  residents  of  Price  Hill  have  requested  said 
companies  to  improve  the  transportation  facilities  to  Price 
Hill  by  building  and  operating  a certain  extension  of  the 
tracks  of  said  Eighth -street  Route  as  hereinafter  described, 
and  by  changing  the  route  of  said  line  as  hereinafter  described 
in  the  center  of  said  city  of  Cincinnati  so  as  to  avoid  conges- 
tion and  delays  in  traffic  to  said  Price  Hill  ; and 

Whereas , Said  companies  are  willing  to  extend  and  change 
said  route  as  desired  by  said  residents  of  Price  Hill  in  con- 
sideration of  receiving  authority  from  this  Council  to  abandon 
the  Price -Hill  Spur  Route,  as  described  in  the  aforesaid  reso- 
lutions of  August  13,  1896,  which  route  has  been  and  is  now 
being  operated  as  a short  horse  - car  line  in  territory  already 
served  by  the  said  Eighth-street  Route  ; and 

Whereas , There  have  been  presented  to  this  Council  the 
requisite  consents  of  owners  of  more  than  a majority  of  front 
feet  of  property  abutting  along  the  street  over  which  said 
extension  of  said  Eighth-street  Route  is  desired  ; and 

Whereas , It  is  deemed  by  Council  necessary  and  beneficial 
to  the  public  that  said  Eighth -street  Route  be  extended  and 
changed  as  desired  by  said  residents  of  Price  Hill  and  that 
said  spur  route  be  abandoned  ; 

Now , therefore , be  it  ordained  by  the  Council  of  the  City 
of  Cincinnati , State  of  Ohio , That  in  consideration  of  the 
premises  the  said  the  Cincinnati  Street  Railway  Company  and 
the  Cincinnati  Traction  Company  are  hereby  authorized  and 
permitted  to  extend  the  tracks  and  route  of  said  Eighth-street 
Route  aforesaid  over  the  following  streets,  to-wit : Beginning 
at  the  present  terminus  of  said  Eighth-street  Route  in  Glen  way 
Avenue,  between  Oak  Street  and  First  Street,  in  said  city 
of  Cincinnati,  and  thence  extending  by  double  track  along 
Glen  way  Avenue  for  a distance  of  approximately  twenty -four 
hundred  feet  to  Colonial  Avenue.  And  the  said  companies 
are  hereby  authorized  to  construct  and  thereafter  to  maintain 
and  operate  along  said  extended  route  all  the  tracks,  curves, 
loops,  Ys,  crossovers,  switches,  poles,  wires,  and  overhead 


546 


Ordinances  of  the  City  of  Cincinnati 


construction  and  appliances  necessary  for  the  operation  of  said 
electric  street  railway.  The  construction  of  said  extension,  both 
as  to  track  and  overhead  system,  shall  be  similar  to  that  now  in 
use  on  the  Eighth  - street  Route  (except  that  said  companies 
may,  in  their  discretion,  use  Shanghai  T rails  in  the  construc- 
tion of  the  tracks),  and  said  extension  shall  be  subject  to  all  the 
terms  and  conditions  governing  said  Eighth  - street  Route. 

Be  it  further  ordained  by  the  Council  of  the  City  of  Cincin- 
nati, State  of  Ohio}  That  in  consideration  of  the  said  the  Cin- 
cinnati Street  Railway  Company  and  the  Cincinnati  Traction 
Company  accepting  the  provisions  of  this  ordinance  as  here- 
inafter provided,  and  agreeing  to  construct  and  operate  the 
extension  of  the  Eighth-street  Route  on  Price  Hill  as  herein- 
before provided  and  in  accordance  with  the  terms  of  this 
ordinance,  and  of  said  companies  further  agreeing  to  operate 
said  Eighth  - street  Route  in  accordance  with  the  change  of 
route  hereinabove  provided  for,  said  companies  shall  have 
permission  and  authority  and  the  same  is  hereby  granted 
them  to  abandon  and  cease  to  operate  from  the  date  of  the 
passage  of  this  ordinance  the  route  of  street  passenger  railroads 
known  as  the  Price  - Hill  Spur  Route  in  the  aforesaid  resolu- 
tions of  August  13,  1896  ; said  route  commencing  at  the  top 
of  Price -Hill  Incline  Plane;  thence  on  Matson  Place  (Price 
Hill),  Price  Avenue,  Hawthorne  Place  to  Warsaw  Avenue; 
returning  on  Hawthorne  Avenue,  Price  Avenue,  and  Matson 
Place  to  the  place  of  beginning.  Upon  the  abandonment  of 
the  operation  of  said  route  said  companies  shall  immediately 
remove  from  the  aforesaid  streets  all  the  tracks,  switches,  rails, 
ties,  and  appliances  used  in  the  operation  of  said  Price  - Hill 
Spur  Route,  and  upon  their  removal  shall  restore  said  streets 
to  good  condition ; all  of  said  work  of  removal  of  tracks,  etc., 
and  restoring  of  the  streets  to  be  done  under  the  supervision 
of  and  to  the  satisfaction  of  the  city  engineer. 

The  privileges  granted  by  this  ordinance,  together  with  all 
of  its  terms  and  conditions,  shall  be  accepted  by  said  grantees 
by  writing  filed  with  this  Council  within  ten  days  from  its 


Ordinances  of  the  City  of  Cincinnati 


547 


passage  and  approval,  and  upon  filing  said  acceptance  the  said 
the  Cincinnati  Traction  Company  shall  enter  into  a bond  in 
the  sum  of  ten  thousand  dollars,  conditioned  that  it  will  faith- 
fully perform  all  the  terms  and  conditions  of  this  ordinance. 

No.  635.  Passed  October  31,  1904. 

To  provide  for  a temporary  change  of  the  Third-  and  Fifth -street 
Route  of  Street  Passenger  Railroads. 

Be  it  ordained  by  the  Council  of  the  City  of  Cincinnati , State  of  Ohio: 

Whereas , The  Cincinnati  Street  Railway  Company  and  the 

Cincinnati  Traction  Company,  corporations  organized  under 

the  laws  of  Ohio,  respectively  own  and  operate  the  route  of 

street  passenger  railroads  known  as  the  Third-  and  Fifth-street 

Route,  as  described  in  resolutions  granting  an  extension  of 

time,  etc.,  to  the  said  the  Cincinnati  Street  Railway  Company, 

passed  by  the  Board  of  Administration  of  the  said  city  of 

Cincinnati,  on  August  13,  1896  ; and 

Whereas , The  residents  of  this  city  who  use  said  Third- 

and  Fifth-street  Route  have  petitioned  this  Council  and  said 

companies  to  secure  better  service  by  changing  and  shortening 

said  route  ; and 

Whereas , It  is  deemed  by  the  Council  necessary  and  bene- 
ficial to  the  public  that  said  route  be  temporarily  changed  as 
hereinafter  described  : 

Now , therefore  be  it  ordained  by  the  Council  of  the  City  of 
Cincinnati , State  of  Ohio , That  said  Council  hereby  agrees  that 
said  Third-  and  Fifth-street  Route  of  street  passenger  railroads, 
as  described  in  said  resolutions  of  August  13,  1896,  be  tempo- 
rarily changed  so  that  cars  will  be  temporarily  operated  over 
and  along  the  following  streets  instead  of  the  streets  as  described 
in  the  aforesaid  resolutions,  to-wit : Commencing  at  Fifth  and 
Walnut  streets;  thence  along  Fifth,  Freeman,  and  Sixth  streets 
to  the  present  terminus  at  the  intersection  of  Front  and  Sixth 
streets;  and  returning  therefrom  on  Sixth,  Freeman,  Fifth, 
Bayiniller,  Third,  Central  Avenue,  Fourth,  Vine,  and  Fifth  to 
Walnut,  the  place  of  beginning. 


548 


Ordinances  of  the  City  of  Cincinnati 


No.  642.  Passed  October  31,  1904. 

Granting1  to  the  Daniel  Linseed  Oil  Company  the  rig-ht  to  construct 
and  maintain  a subway  under  Toledo  Street  to  connect  with  the 
railway  of  the  C.  C.  C.  & St.  L.  Railway. 

Be  it  ordained  by  the  Council  of  the  City  of  Cincinnati , State  of  Ohio : 

SEC.  1.  That  the  right  is  hereby  granted  to  the  Daniel 
Linseed  Oil  Company  to  construct  and  maintain  a subway 
crossing  under  Toledo  Street,  from  the  property  of  the  Daniel 
Linseed  Oil  Company  at  the  corner  of  Toledo  Street  and  Fifth 
Street  to  the  track  of  the  C.  C.  C.  & St.  L.  Railway  to 
Toledo  Street. 

SEC.  2.  Such  subway  shall  be  constructed  under  the  super- 
vision of  the  Board  of  Public  Service  and  its  chief  engineer  at 
such  depth  and  in  such  manner  as  not  to  interfere  with  sewers 
or  pipes  now  laid  in  Toledo  Street  and  necessary  for  public  or 
other  service.  The  portion  of  Toledo  Street  disturbed  in  the 
work  of  placing  such  subway  shall  be  restored  to  its  present 
condition.  This  grant  is  subject  to  the  condition  that  if  said 
subway  at  any  time  interfered  with  any  other  proper  and  neces- 
sary use  of  the  street  it  shall  be  removed  or  altered  at  any 
time  that  the  Council  of  the  city  of  Cincinnati  may  deem 
necessary.  The  Daniel  Linseed  Oil  Company  shall  in  laying 
and  maintaining  this  subway  be  subject  to  such  restrictions  as 
may  be  required  by  the  Board  of  Public  Service. 

No.  644.  Passed  November  7,  1904. 

Amending-  Section  1 of  an  ordinance  entitled  “An  ordinance  reg-u- 
lating-  the  rig-ht  of  way  of  the  streets  of  the  city,”  passed 
December  14,  1903,  and  numbered  250. 

Be  it  ordained  by  the  Council  of  the  City  of  Cincinnati,  State  of  Ohio: 

That  the  first  section  of  an  ordinance  entitled  “An  ordi- 
nance regulating  the  right  of  way  of  the  streets  of  the  city,” 
passed  December  14,  1903,  and  numbered  250,  be  so  amended 
as  to  read  as  follows: 

Sec.  1.  The  right  of  way  of  vehicles  using  the  streets  of  the 
city  shall,  as  far  as  practicable,  be  subject  to  the  following 
regulations:  They  shall  keep  to  the  right-hand  side  of  the 


Ordinances  of  the  City  of  Cincinnati 


549 


street,  and  in  meeting  shall  pass  to  the  right.  When  moving 
slowly  they  shall  keep  near  the  right  curb,  so  as  to  give 
vehicles  moving  at  a greater  speed  the  use  of  the  central  part 
of  the  street.  In  turning  corners,  when  to  the  right,  vehicles 
shall  keep  to  the  right ; when  to  the  left,  no  turn  shall  be 
made  until  the  opposite  half  of  the  lateral  street  is  reached. 
When  not  in  motion  the  right  side  of  the  vehicle  shall  be  next 
to  the  curb  or  side  line  of  the  street,  except  that  at  points 
of  streets  where  the  grade  may  exceed  four  per  cent  either 
side  of  the  vehicle  may  be  next  to  the  curb  or  side  line  of  the 
street.  And  that  said  original  Section  1 is  hereby  repealed. 

No.  698.  Passed  December  19,  1904. 

Supplementary  to  Section  1 of  an  ordinance  entitled  “ An  ordinance 
to  provide  for  the  organization  of  the  city  solicitor’s  office,” 
passed  May  4,  1903. 

Be  it  ordaitied  by  the  Council  of  the  City  of  Cincinnati,  State  of  Ohio : 

SEC.  1.  That  Section  1 of  an  ordinance  entitled  “An  ordi- 
nance to  provide  for  the  organization  of  the  city  solicitor’s 
office,”  passed  May  4,  1903,  be  supplemented  by  supplementary 
section  as  follows: 

Sec.  1 -a.  In  addition  to  the  subordinates  provided  for  in 
Section  1 of  the  ordinance  to  which  this  is  supplementary,  the 
city  solicitor  shall  have  power  to  appoint  an  additional  clerk, 
who  shall  also  be  a competent  stenographer,  at  a salary  of  six 
hundred  dollars  per  annum,  payable  semi-monthly. 

NO.  724.  Passed  January  16,  1905. 

Granting  the  Victor  Safe  and  Lock  Company  the  right  to  construct 
and  maintain  a platform  or  wagon  scale  in  East  Cheapside  Street, 
fifty  feet  south  of  Ninth  Street. 

Be  it  ordained  by  the  Council  of  the  City  of  Cincinnati,  State  of  Ohio : 

Sec.  1.  That  the  Victor  Safe  and  Lock  Company  is  hereby 
authorized  to  erect  and  maintain  a platform  or  wagon  scale  in 
East  Cheapside  Street,  fifty  feet  south  of  Ninth  Street  in  front 
of  its  premises. 


550 


Ordinances  of  the  City  of  Cincinnati 


Sec.  2.  The  space  to  be  occupied  by  the  scale  shall  not 
exceed  eight  by  fourteen  feet. 

Sec.  3.  The  scale  or  platform  to  be  placed  level  with  the 
roadway,  and  a portion  of  the  street  affected  by  the  construc- 
tion of  the  scale  to  be  restored  to  and  maintained  in  good 
condition  during  the  time  of  the  occupancy  of  the  street. 

Sec.  4.  The  scale  to  be  changed  in  elevation  by  the  said 
company  to  suit  any  future  improvement  of  Cheapside  Street. 

Sec.  5.  The  construction  and  maintenance  of  the  scale  and 
restoration  and  maintenance  of  the  street  to  be  at  the  expense 
of  the  said  company  and  under  the  supervision  of  the  engineer 
of  the  Board  of  Public  Service. 

Sec.  6.  The  said  the  Victor  Safe  and  Lock  Company  to  be 
responsible  for  any  and  all  injury  or  damage  to  persons  or 
property  by  reason  of  the  occupancy  or  use  of  the  street  as 
herein  permitted. 

Sec.  7.  The  scale  to  be  removed  and  the  street  restored  to 
good  condition  at  any  time  by  the  said  company  when  so 
ordered  by  Council  upon  thirty  days’  notice. 

No.  725.  Passed  January  16,  1905. 

Authorizing  D.  E.  Lafferty,  deputy  city  weigher  for  the  Chamber 
of  Commerce,  to  locate  scales  for  the  weighing  of  wagons  on  the 
north  side  of  Sixth  Street,  two  feet  east  of  the  northeast  corner 
of  Sixth  and  Harriet  streets. 

Be  it  ordained  by  the  Council  of  the  City  of  Cincinnati , State  of  Ohio : 

Sec.  1.  That  permission  be  and  is  hereby  granted  to  D.  E. 
Lafferty,  deputy  city  weigher  of  the  Chamber  of  Commerce,  to 
erect  and  maintain  scales  for  weighing  wagons  on  the  north 
side  of  Sixth  Street,  at  a point  two  feet  east  of  the  northeast 
corner  of  Sixth  and  Harriet ; said  scales  to  be  constructed 
extending  not  to  exceed  twenty  feet  east  and  west  on  Sixth 
Street,  and  not  to  exceed  ten  feet  north  and  south  from  the 
north  line  of  Sixth  Street,  as  per  plat  hereto  attached. 

SEC.  2.  Said  scales  shall  be  constructed  under  the  super- 
vision and  to  the  satisfaction  of  the  chief  engineer  of  the  Board 
of  Public  Service  of  the  city  of  Cincinnati,  at  such  place  as  he 


Ordinances  of  the  City  of  Cincinnati 


551 


shall  designate,  in  conformity  to  Section  1 of  the  ordinance 
herein.  Said  scales  shall  at  no  time  be  allowed  to  interfere  in 
any  way  whatsoever  with  the  use  of  said  Sixth  or  Harriet 
streets  for  street  purposes  ; and  said  D.  E.  Lafferty  shall  at  any 
time  upon  receiving  notice  from  Council  or  the  engineer  of  the 
Board  of  Public  Service  immediately  remove  said  scales,  and 
put  said  Sixth  Street  in  as  good  and  serviceable  condition  for 
use  for  street  purposes  as  it  was  before  said  scales  were  built, 
or  upon  the  failure  of  said  Lafferty  to  so  remove  said  scales 
after  notice  received  Council  or  the  engineer  of  the  Board  of 
Public  Service  shall  have  power  to  cause  said  scales  to  be  re- 
moved at  the  expense  of  said  D.  E.  Lafferty.  The  permission 
granted  herein  shall  not  be  construed  or  considered  to  extend 
beyond  such  time  as  said  D.  E.  Lafferty  shall  hold  the  office 
of  deputy  city  weigher  of  the  Chamber  of  Commerce. 

No.  728.  Passed  January  16,  1905. 

An  ordinance  granting-  permission  to  the  Pittsburg,  Cincinnati, 
Chicago  & St.  Louis  Railway  Company  to  extend  sidetrack  in 
the  south  side  of  Water  Street,  east  of  Walnut  Street. 

Be  it  ordained  by  the  Council  of  the  City  of  Cincinnati , State  of  Ohio : 

Sec.  1.  That  permission  is  hereby  granted  to  the  Pittsburg, 
Cincinnati,  Chicago  & St.  Louis  Railway  Company  to  extend 
eastwardly  for  a distance  of  fifty  feet  its  sidetrack  now  in  the 
south  side  of  Water  Street  (extending  eastwardly  from  Walnut 
Street  a distance  of  one  hundred  and  ninety  feet)  for  the 
purpose  of  an  extension  of  the  sidetrack  for  the  Globe  Soap 
Company. 

Sec.  2.  This  extension  track  shall  be  laid  in  accordance 
with  the  terms  and  conditions  upon  which  was  laid  the  original 
track  which  this  is  intended  to  extend. 

Sec.  3.  The  right  of  said  Pittsburg,  Cincinnati,  Chicago  & 
St.  Louis  Railway  Company  to  the  occupation  of  the  street  with 
this  extension  of  fifty  feet  shall  be  coexistent  with  its  right 
to  the  street  for  said  one  hundred  and  ninety  feet  of  track. 


552 


Ordinances  of  the  City  of  Cincinnati 


No.  732.  Passed  January  23,  1905. 

Declaring-  the  necessity  for  and  the  intention  of  Council  to  build  a 
new  hospital  at  an  expense  not  exceeding  one  million  dollars, 
and  authorizing  the  Board  of  Public  Service  to  employ  an 
architect  to  draw  plans  for  said  hospital  and  supervise  the 
construction  thereof. 

Be  it  ordained  by  the  Coimcil  of  the  City  of  Cincinnati , State  of  Ohio : 

SEC.  1.  The  Council  of  the  city  of  Cincinnati,  state  of  Ohio, 
hereby  finds  that  a new  hospital  is  necessary  for  the  city  of 
Cincinnati,  and  hereby  declares  its  intention  of  building  said 
new  hospital  at  an  expense  not  exceeding  one  million  dollars. 

Sec.  2.  The  Board  of  Public  Service  is  hereby  authorized 
to  employ  a competent  architect  to  prepare  the  plans,  speci- 
fications, and  estimates,  to  supervise  the  work  of  construction, 
and  to  render  all  other  architectural  services  necessary  in  the 
construction  of  the  buildings  and  appurtenances  for  the  hospital 
proposed  to  be  established  by  the  city  of  Cincinnati  upon  the 
property  on  and  near  Burnet  Avenue  in  said  city,  acquired  by 
said  city  or  in  process  of  acquisition  through  appropriation 
proceedings  for  hospital  purposes. 

Sec.  3.  Said  plans  and  specifications  are  to  be  based  upon 
plan  No.  9,  as  prepared  by  the  Hospital  Commission,  and 
approved  by  the  Board  of  Public  Service  on  the  27th  day  of 
December,  1904,  with  such  modifications  as  may  be  ordered 
by  the  Board  of  Public  Service.  Said  buildings  and  appur- 
tenances without  equipment  shall  be  such  that  they  can  be 
completely  built,  ready  for  equipment  for  hospital  purposes,  at 
a cost  of  not  more  than  one  million  dollars. 

Sec.  4.  The  compensation  to  be  paid  to  said  architect  shall 
not  exceed  four  per  cent  on  the  cost  of  construction. 

Sec.  5.  Said  compensation  shall  be  paid  by  said  Board  of 
Public  Service  from  the  new  hospital  fund,  as  now  provided 
or  hereafter  to  be  increased  by  the  issue  of  bonds  for  new 
hospital  purposes. 


Ordinances  of  the  City  of  Cincinnati 


553 


No.  734.  Passed  January  23 , 1905. 

Regulating-  the  getting  on  and  off  vehicles  in  motion  by  minors. 

Be  it  ordained  by  the  Council  of  the  City  of  Cincinnati , State  of  Ohio : 

SEC.  1.  It  shall  be  unlawful  for  any  minor  under  the  age 
of  eighteen  years  to  climb  upon,  jump  on  or  off,  or  in  any  way 
attach  himself  to  any  locomotive,  engine,  steam  or  street  rail- 
road car,  motor  car,  or  automobile  while  in  motion. 

Sec.  2.  No  conductor,  engineer,  or  other  person  in  charge 
of  a locomotive,  steam  or  street  railroad  car,  motor  car,  or 
automobile  shall  knowingly  suffer  or  permit  such  minor  to 
climb  upon,  jump  on  or  off,  or  attach  himself  to  any  such 
locomotive,  steam  or  street  railroad  car,  motor  car,  or  auto- 
mobile while  in  motion,  nor  shall  such  conductor,  engineer,  or 
person  in  charge  permit  any  such  minor  not  being  a passenger 
to  remain  upon  the  platform  or  steps  of  any  locomotive,  steam 
or  street  railroad  car,  or  motor  car,  or  automobile  while  in 
motion. 

SEC.  3.  Any  person  violating  the  provisions  of  this  ordi- 
nance shall  upon  conviction  thereof  be  fined  in  a sum  not  more 
than  twenty-five  dollars. 

SEC.  4.  That  an  ordinance  entitled  “An  ordinance  making 
it  unlawful  for  minors  to  get  on  or  off  locomotives  or  steam  or 
street  railroad  cars  while  in  motion,”  passed  March  11,  1892, 
be  and  the  same  is  hereby  repealed. 

No.  333.  Passed  March  7,  1904. 

G-ranting  to  the  John  Hoffmann’s  Sons  permission  to  erect  a bridge 
across  Avery  Alley,  connecting  buildings  on  either  side  thereof. 

Be  it  ordained  by  the  Council  of  the  City  of  Cincinnati , State  of  Ohio : 

That  permission  be  and  the  same  is  hereby  granted  to  the 
John  Hoffmann’s  Sons  to  erect  a bridge  not  exceeding  thirteen 
feet  eight  inches  in  width  across  Avery  Alley,  between  Brighton 
Alley  and  Bank  Street,  for  the  purpose  of  connecting  their 
building  on  either  side  of  said  alley  ; said  bridge  to  be  not  less 
than  twelve  feet  above  the  curb  of  said  alley,  and  said  bridge 


554 


Ordinances  of  the  City  of  Cincinnati 


to  be  built  so  as  not  to  obstruct  or  interfere  with  ordinary 
travel  through  said  alley.  The  city  reserves  the  right  to 
remove  said  bridge  if  it  shall  be  found  to  interfere  with  ordi- 
nary traffic  and  use  of  the  street  in  any  manner.  Such 
removal  shall  take  place  after  immediately  following  the  expi- 
ration of  thirty  days  after  said  John  Hoffmann’s  Sons  shall 
have  received  notice  from  the  city  to  remove  it. 

No.  441.  Passed  May  9,  1904. 

Granting1  the  Perkins  - Campbell  Company  the  right  to  erect  and 
maintain  a bridge  across  Scott  Alley. 

Be  it  ordained  by  the  Council  of  the  City  of  Cincinnati , State  of  Ohio : 

Sec.  1.  That  permission  be  and  the  same  is  hereby  granted 
to  the  Perkins-Campbell  Company  of  Cincinnati,  Ohio,  and  to 
its  successors  and  assigns,  to  erect  a bridge  not  exceeding 
twenty  feet  in  width  across  Scott  Alley,  between  New  Street 
and  Seventh  Street,  and  to  maintain  the  same  for  the  purpose 
of  connecting  its  buildings  on  either  side  of  said  alley  ; said 
bridge  to  be  not  less  than  twenty  feet  above  the  curb  of  said 
alley,  and  said  bridge  to  be  built  so  as  not  to  obstruct  or 
interfere  with  travel  through  said  alley. 

No.  468.  Passed  June  13,  1904. 

To  provide  for  licenses  on  certain  trades,  businesses,  and  profes- 
sions carried  on  within  the  city  limits,  and  providing  for  the 
enforcement  and  collection  of  fines  and  penalties  for  carrying 
on  business  without  a license,  and  for  other  purposes. 

Be  it  ordained  by  the  Council  of  the  City  of  Cincinnati , State  of  Ohio : 

SEC.  1.  No  person  shall  be  engaged  in  any  trade,  business, 
or  profession  hereinafter  mentioned  until  he  or  she  shall  have 
obtained  a license  therefor,  as  hereinafter  provided. 

SEC.  2.  Any  person  who  shall  violate  any  of  the  provisions 
of  this  ordinance  shall  be  deemed  guilty  of  a misdemeanor, 
and  upon  conviction  thereof  shall  be  punished  by  a fine  of 
not  more  than  one  thousand  dollars  nor  less  than  fifty  dollars, 
or  by  imprisonment  for  not  more  than  six  months,  or  by  both. 


Ordinances  of  the  City  of  Cincinnati  555 

SEC.  3.  No  license  granted  or  issued  under  any  of  the 
provisions  of  this  ordinance  shall  in  any  manner  be  assign- 
able or  transferable,  or  shall  authorize  any  person  other  than  is 
therein  mentioned  or  named  to  do  business,  or  shall  authorize 
any  other  business  than  is  therein  mentioned  or  named  to  be 
done  or  transacted,  or  the  business  therein  named  or  mentioned 
to  be  done  or  transacted  at  any  place  other  than  is  therein 
mentioned  or  named,  without  permission  from  the  city  auditor 
indorsed  thereon.  The  city  auditor  shall  at  the  time  of  granting 
such  permission  immediately  record  such  change  or  transfer 
upon  the  proper  registry.  A license  for  any  business  con- 
ducted at  any  particular  or  fixed  locality  shall  authorize  the 
transaction  of  such  business  by  an  individual,  a firm,  or  a 
corporation.  Every  such  license  shall  specify  by  name  the 
person,  firm,  or  corporation  to  whom  or  which  it  shall  be 
issued,  and  shall  designate  the  particular  place  at  which  the 
business  shall  be  carried  on. 

Sec.  4.  All  licenses  heretofore  issued  by  the  auditor  or 
other  duly  authorized  officer,  and  now  unexpired,  shall  be  valid 
until  the  time  for  which  they  were  granted  shall  expire. 

SEC.  5.  In  all  cases  where  the  amount  of  license  to  be 
paid  by  any  person,  firm,  or  corporation  is  based  upon  or 
regulated  by  the  amount  of  sales  affected  or  business  transacted, 
such  person,  firm,  or  corporation  shall  render  a sworn  state- 
ment to  the  auditor  of  the  total  amount  of  sales  made  or 
business  done  by  them  respectively  during  the  six  months 
preceding  the  application  for  a license,  which  statement  shall 
determine  the  amount  for  which  such  license  shall  be  issued. 

Sec.  6.  Every  person  having  a license  under  the  pro- 
visions of  this  ordinance  shall  exhibit  the  same  at  all  times 
while  in  force  in  some  conspicuous  part  of  his  or  her  place 
of  business,  and  shall  produce  the  same  when  applying  for  a 
renewal,  or  when  requested  to  produce  it  by  any  municipal 
officer  or  by  any  member  of  the  police  department. 

SEC.  7.  All  licenses  provided  for  herein  shall  date  from 
the  first  day  of  July  or  January  preceding  the  date  of  their 


556 


Ordinances  of  the  City  of  Cincinnati 


issue,  and  shall  be  issued  for  one  year  from  either  of  the 
aforesaid  dates.  Licenses  for  places  of  amusement  or  enter- 
tainment may  be  issued  for  the  period  of  one  year  or  for  any 
shorter  time. 

SEC.  8.  All  licenses  which  shall  become  due  on  the  first 
day  of  July  or  January  shall  be  considered  delinquent  if  not 
paid  within  fifteen  days  thereafter,  or  for  every  month  or 
fraction  of  a month  a license  shall  remain  delinquent  after  the 
fifteen  days  allowed  from  the  first  day  of  July  or  January,  as 
aforesaid,  there  shall  be  added  to  the  whole  amount  of  such 
license  a penalty  of  two  per  cent,  which  shall  be  collected  in 
the  same  manner  as  the  license.  But  the  addition,  if  any,  of 
a penalty  to  a license  shall  not  exempt  the  person  from  whom 
said  license  may  be  collectible  from  any  penalty  to  which  he 
or  she  may  be  liable  for  violating  any  of  the  provisions  of  this 
ordinance. 

SEC.  9.  If  at  any  time  it  shall  be  made  to  appear  to  the 
satisfaction  of  the  auditor  that  any  licensed  person  has  violated 
any  of  the  provisions  of  this  ordinance,  then  the  said  auditor 
shall  revoke  his  or  her  license,  and  such  licensed  person  shall 
cease  to  have  any  authority  thereunder. 

SEC.  10.  The  conviction  and  punishment  of  any  person 
for  transacting  any  business  without  a license  shall  not  excuse 
or  exempt  such  person  from  the  payment  of  any  license  due 
or  unpaid  at  the  time  of  such  conviction. 

Sec.  11.  Keepers  of  public  ball-rooms  shall  pay  a license 
fee  of  three  hundred  dollars  per  annum  or  ten  dollars  per 
night ; provided,  however,  that  no  license  shall  be  issued 
without  the  consent  of  the  mayor. 

Sec.  12.  Every  person,  company,  or  corporation  who  shall 
in  any  manner  engage  in  the  business  of  scavenger  shall  pay 
a license  fee  of  twenty-five  dollars  per  annum. 

Sec.  13.  Each  keeper  of  an  intelligence  office  or  employ- 
ment office  shall  pay  a license  of  fifty  dollars  per  annum  ; 
provided,  however,  that  no  license  shall  be  issued  without  the 
consent  of  the  mayor. 


Ordinances  of  the  City  of  Cincinnati 


557 


SEC.  14.  Each  keeper  of  a pawnbroker’s  or  loan  office 
shall  pay  a license  fee  of  two  hundred  and  fifty  dollars 
per  annum. 

SEC.  15.  Each  proprietor  of  a billiard-  or  pool-table  shall 
pay  a license  of  twenty -five  dollars  for  one  such  table  and 
fifteen  dollars  for  each  additional  table  per  annum. 

SEC.  16.  Each  proprietor  of  a bowling-alley  shall  pay  a 
license  fee  of  twenty-five  dollars  for  one  alley  and  fifteen 
dollars  for  each  additional  alley  per  annum. 

Sec.  17.  All  keepers  or  owners  of  livery,  sale,  or  board- 
ing stables  shall  pay  licenses  as  follows  : For  those  whose 
gross  receipts  for  the  hiring,  boarding,  and  sale  of  horses  and 
carriages  amount  to  more  than  fifteen  thousand  dollars  per 
annum,  twenty-five  dollars  per  annum  ; for  those  whose  gross 
receipts  amount  to  less  than  fifteen  thousand  dollars  per 
annum,  fifteen  dollars  per  annum. 

SEC.  18.  Keepers  of  dancing  and  riding  academies  or 
schools  whose  gross  receipts  are  less  than  six  thousand  dollars 
per  annum  shall  pay  a license  fee  of  fifty  dollars  per  annum, 
and  those  whose  gross  receipts  are  more  than  six  thousand 
dollars  per  annum  shall  pay  a license  fee  of  seventy  - five 
dollars  per  annum. 

Sec.  19.  Keepers  of  race-courses  and  ball  - grounds,  and 
persons  engaged  in  public  exhibitions  therein,  shall  pay  a 
license  fee  as  follows  : For  each  exhibition  not  continuing  for 
more  than  one  day  and  for  each  day  of  any  exhibition  five 
dollars  ; provided  that  the  keeper  of  any  race-course  or  ball- 
ground  by  payment  of  one  hundred  dollars  may  procure 
therefor  a license  for  the  period  of  six  months  or  any  portion 
thereof,  which  license  shall  exempt  from  further  license  all 
persons  engaged  in  any  exhibition  at  or  upon  such  race-course 
or  ball-ground,  but  no  such  license  shall  be  granted  unless 
applied  for  and  paid  for  at  least  six  hours  previous  to  the 
opening  of  the  exhibition  intended  to  be  included  within  the 
license.  No  license  shall  be  charged  to  any  person  or  persons 
owning,  leasing,  or  renting  a ball-ground  and  grounds  where 
amateur  baseball  is  played. 


558 


Ordinances  of  the  City  of  Cincinnati 


Sec.  20.  Street  musicians  shall  pay  a license  of  twenty- 
five  dollars  per  annum  for  each  instrument  used,  but  no  license 
shall  be  issued  except  by  consent  of  the  mayor. 

SEC.  21.  Every  dealer  in  second-hand  articles  and  keepers 
of  junk-shops  shall  pay  a license  of  fifty  dollars  per  annum. 

Sec.  22.  Every  person  or  corporation  engaged  in  carrying 
on  the  business  commonly  known  as  a chattel-mortgage  broker, 
or  loaning  money  and  to  secure  the  payment  of  same  taking 
a chattel  mortgage  or  other  security  of  like  nature  on  house- 
hold goods,  shall  pay  a license  fee  of  two  hundred  and  fifty 
dollars  per  annum.  Any  person  engaged  in  or  carrying  on 
the  business  of  loaning  money  on  chattel  mortgage  or  house- 
hold goods  shall  keep  a true  record  of  all  such  loans,  showing 
the  amount  loaned  and  amount  paid  as  interest  and  other 
charges  thereon,  which  record  shall  at  all  times  be  open  for 
inspection  to  any  person  interested  therein. 

SEC.  23.  Every  person  or  corporation  engaged  in  carrying 
on  the  business  commonly  known  as  a salary-loan  broker,  or 
loaning  money  and  to  secure  the  payment  of  same  taking  an 
assignment  of  or  order  for  the  salary  due  or  to  become  due 
the  borrower,  shall  pay  a license  fee  of  two  hundred  and  fifty 
dollars  per  annum.  Any  person  engaged  in  or  carrying  on 
the  business  of  loaning  money  on  salaries  shall  keep  a true 
record  of  all  such  loans,  showing  the  amount  loaned  and  the 
amount  paid  as  interest  and  other  charges  thereon,  which 
record  shall  at  all  times  be  open  for  inspection  to  any  person 
interested  therein. 

SEC.  24.  Manufacturers  and  dealers  in  explosives  shall 
pay  a license  fee  of  fifteen  dollars  per  annum. 

SEC.  25.  All  moneys  received  for  licenses  issued  under 
this  ordinance  shall  be  placed  to  the  credit  of  the  general 
fund. 

Sec.  26.  It  shall  be  the  duty  of  the  auditor  or  his  depu- 
ties, in  connection  with  the  mayor  and  the  police,  to  enforce 
the  payment  of  licenses,  to  examine  places  of  business  and 
persons  liable  to  pay  licenses,  and  to  see  that  such  licenses 


Ordinances  of  the  City  of  Cincinnati 


559 


are  taken  out,  and  that  no  other  business  than  that  described 
in  the  license  is  carried  on  or  transacted  by  the  party  and  at 
the  place  named  in  the  license. 

SEC.  27.  Every  person  engaged  in  any  trade,  occupation, 
or  profession  for  which  a license  is  imposed  by  this  ordinance 
shall  at  the  time  of  procuring  the  same  make  application  to 
the  auditor,  and  shall  state  under  oath  or  affirmation  such 
facts  as  may  be  applicable  to  said  license.  The  auditor  shall 
then  issue  to  the  applicant  a certificate  stating  the  particular 
kind  of  license  for  which  application  has  been  made  and  the 
amount  of  money  required  by  law  to  be  paid  therefor.  Said 
certificate  shall  be  delivered  to  the  city  treasurer,  who  shall 
upon  receipt  of  the  sum  of  money  stated  therein  give  a cer- 
tificate of  payment  stating  the  amount  of  money  paid.  Said 
certificate  of  payment  shall  be  presented  to  the  auditor,  who 
thereupon  shall  issue  said  license. 

Sec.  28.  The  auditor  shall  sign,  issue,  and  keep  a record 
of  licenses  provided  for  in  this  ordinance  in  his  license  cash- 
book and  license  ledger. 

Sec.  29.  It  shall  be  the  duty  of  all  police  or  other  officers 
clothed  with  police  powers  to  enforce  the  provisions  of  this 
ordinance. 

No.  500.  Passed  July  11,  1904. 

Granting-  permission  to  the  Christian  Moerlein  Brewing:  Company 
to  lay  steam  pipes  beneath  Elm  Street. 

Be  it  or  darned  by  the  Council  of  the  City  of  Cincinnati , State  of  Ohio : 

SEC.  1.  That  permission  is  hereby  granted  to  the  Christian 
Moerlein  Brewing  Company  to  lay  pipes  for  transmission  of 
steam  beneath  the  surface  of  Elm  Street,  directly  crossing 
Elm  Street  in  front  of  their  main  office  and  thence  north  a 
distance  of  ninety  feet. 

SEC.  2.  This  work  shall  be  done  under  the  direction  and 
to  the  satisfaction  of  the  Board  of  Public  Service  and  its  chief 
engineer,  and  in  such  manner  as  not  to  in  any  way  interfere 
with  existing  sewers  or  pipes  of  any  kind. 


560 


Ordinances  of  the  City  of  Cincinnati 


No.  537.  Passed  August  8,  1904. 

Granting-  to  the  Baltimore  & Ohio  Southwestern  Railroad  Company 
permission  to  lay  tracks  upon  and  across  Smith  Street,  north  of 
Second  Street,  in  Cincinnati,  Ohio. 

Be  it  ordained  by  the  Council  of  the  City  of  Cincinnati,  State  of  Ohio : 

Sec.  1.  That  the  Baltimore  & Ohio  Southwestern  Railroad 
Company  be  and  it  hereby  is  granted  permission  to  construct 
and  lay  down  and  maintain  and  operate  the  following  tracks 
across  Smith  Street,  north  of  Second  Street,  in  said  city  : 

First — A track  running  in  an  easterly  and  westerly  direction 
across  Smith  Street,  the  center  line  of  which  shall  be  five  feet 
six  inches  north  of  the  north  line  of  Second  Street,  to  be 
known  as  track  No.  1. 

Second — Two  tracks  running  in  a northwesterly  and  south- 
easterly direction  across  Smith  Street,  forming  a junction  just 
east  of  the  west  line  of  Smith  Street,  and  to  be  known  as 
tracks  No.  2 and  No.  3 ; the  north  line  of  track  No.  3 at  the 
point  of  its  intersection  with  the  west  line  of  Smith  Street  to 
be  forty-eight  feet  north  of  the  northerly  line  of  Second  Street, 
and  the  north  line  of  said  track  No.  3 at  the  point  of  crossing 
at  the  east  side  of  Smith  Street  to  be  thirty  feet  north  of  the 
north  line  of  Second  Street ; and  the  southerly  line  of  said 
track  No.  2,  where  it  crosses  the  east  line  of  Smith  Street, 
to  be  twenty-five  feet  north  of  the  north  line  of  Second  Street. 

Third — Track  No.  4,  running  in  an  easterly  and  westerly 
direction  across  Smith  Street  and  lying  fifty-seven  feet  north- 
erly from  the  north  line  of  Second  Street. 

Fourth — Track  No.  5,  connecting  with  track  No.  4 on  the 
easterly  line  of  Smith  Street  and  running  in  a northwesterly 
direction,  crossing  the  west  line  of  Smith  Street  at  a point 
where  the  north  line  of  said  track  No.  5 shall  be  sixty-two 
feet  north  of  the  north  line  of  Second  Street. 

SEC.  2.  Said  tracks  shall  be  constructed  under  the  direc- 
tion and  to  the  satisfaction  of  the  city  engineer  of  said  city, 
and  shall  be  so  constructed  as  not  to  interfere  with  the  ordi- 
nary use  and  drainage  of  the  street. 


Ordinances  of  the  City  of  Cincinnati 


561 


SEC.  3.  Said  tracks  shall  conform  to  the  grade  of  the 
street,  and  said  railroad  company  shall  immediately  after  the 
laying  of  the  tracks  thereon  restore  the  street  where  disturbed 
by  it  to  its  present  condition. 

No.  538.  Passed  August  8,  1904. 

Granting-  to  the  Pittsburg-,  Cincinnati,  Chicagro  & St.  Louis  Railway 
Company  the  rig-ht  to  construct  and  maintain  a sidetrack  on 
Front  Street,  between  Central  Avenue  and  Plum  Street,  from 
its  present  tracks  to  the  property  of  Anthony  Van  Ag-thoven, 
situated  on  the  north  side  of  Front  Street. 

Be  it  or  darned  by  the  Council  of  the  City  of  Cincinnati , State  of  Ohio : 

SEC.  1.  That  permission  be  and  the  same  is  hereby  granted 
to  the  Pittsburg,  Cincinnati,  Chicago  & St.  Tonis  Railway 
Company  to  construct  and  maintain  a single  sidetrack  on  Front 
Street,  between  Central  Avenue  and  Plum  Street,  from  its  tracks 
now  located  on  Front  Street  to  the  property  on  the  north  side 
of  said  Front  Street  owned  by  Anthony  Van  Agthoven. 

Sec.  2.  Said  track  shall  be  constructed  in  accordance  with 
the  attached  drawing  and  under  the  direction  and  to  the  satis- 
faction of  the  chief  engineer  of  the  Board  of  Public  Service  of 
the  city.  The  material  to  be  used  in  the  laying  of  this  track 
and  the  method  of  construction  to  be  the  same  as  has  already 
been  provided  for  the  sidetracks  built  in  this  territory  ; pro- 
vided that  there  shall  be  placed  and  maintained  between  the 
rails  thereof  and  within  two  and  one  half  inches  on  either  side 
a planking  of  oak  plank,  securely  spiked  to  the  crossties,  said 
planking  to  be  of  the  same  thickness  as  the  depth  of  the  rail, 
so  that  the  surface  of  the  plank  shall  be  flush  with  the  top 
of  the  rail.  An  oak  planking  not  less  than  four  inches  wide 
and  of  the  same  thickness  as  that  between  the  rails  shall  be 
securely  spiked  to  the  crossties  against  the  outer  edge  of  each 
rail  and  flush  with  the  top  thereof.  The  company  accepting 
this'  franchise  shall  restore  to  good  condition  the  streets  and 
sidewalks  where  disturbed,  and  keep  the  same  in  good  repair 
at  all  times  when  said  tracks  are  used  as  herein  specified. 


562 


Ordinances  of  the  City  of  Cincinnati 


Council  may  cause  the  removal  of  said  tracks  on  thirty  days’ 
notice  at  any  time  the  said  company  is  found  violating  the 
provisions  of  this  ordinance. 

No.  539.  Passed  August  15,  1904. 

Granting-  to  the  Pittsburg,  Cincinnati,  Chicago  & St.  Louis  Railway 
Company  the  right  to  construct  and  maintain  a railroad  track 
on  Eggleston  Avenue,  across  Eighth  Street. 

Be  it  ordained  by  the  Council  of  the  City  of  Cincinnati,  State  of  Ohio: 

SEC.  1.  That  the  Pittsburg,  Cincinnati,  Chicago  & St.  Louis 
Railway  Company  be  and  the  same  is  hereby  granted  the  right 
to  construct  and  maintain  a railroad  track,  beginning  at  the 
present  railroad  tracks  on  Eggleston  Avenue,  Cincinnati,  Ohio, 
at  a point  about  one  hundred  and  twenty-five  feet  south  of  the 
southerly  line  of  Eighth  Street,  thence  by  a curved  line  across 
said  Eighth  Street,  and  along  the  east  side  of  Reedy  Street 
about  seven  feet  from  the  eastern  property  line  thereof,  to  a 
point  about  two  hundred  feet  from  the  northerly  line  of  Eighth 
Street. 

Sec.  2.  Said  track  shall  be  constructed  in  accordance  with 
the  attached  drawing  and  under  the  direction  and  to  the  satis- 
faction of  the  chief  engineer  of  the  Board  of  Public  Service  of 
the  city.  The  material  to  be  used  in  the  laying  of  this  track 
and  the  method  of  construction  to  be  the  same  as  has  already 
been  provided  for  the  sidetracks  built  in  this  territory ; pro- 
vided that  there  shall  be  placed  and  maintained  between  the 
rails  thereof  and  within  two  and  one  half  inches  on  either  side 
a planking  of  oak  plank,  securely  spiked  to  the  crossties,  said 
planking  to  be  of  the  same  thickness  as  the  depth  of  the  rail, 
so  that  the  surface  of  the  plank  shall  be  flush  with  the  top 
of  the  rail.  Au  oak  planking  not  less  than  four  inches  wide 
and  of  the  same  thickness  as  that  between  the  rails  shall  be 
securely  spiked  to  the  crossties  against  the  outer  edge  of  each 
rail  and  flush  with  the  top  thereof.  The  company  accepting 
this  franchise  shall  restore  to  good  condition  the  streets  and 
sidewalks  where  disturbed,  and  keep  the  same  in  good  repair 


Ordinances  of  the  City  of  Cincinnati 


563 


at  all  times  when  said  tracks  are  used  as  herein  specified. 
Council  may  cause  the  removal  of  said  track  on  thirty  days’ 
notice  at  any  time  the  said  company  is  found  violating  the 
provisions  of  this  ordinance. 

No.  581.  Passed  September  19,  1904. 

Granting-  to  E.  H.  Wuerdeman  the  right  to  erect  and  maintain  a 
bridge  over  and  across  Hay  Alley. 

Be  it  ordained  by  the  Council  of  the  City  of  Cincinnati , State  of  Ohio : 

That  permission  is  hereby  granted  to  E.  H.  Wuerdeman 
to  erect  and  maintain  over  and  across  Hay  Alley  a bridge  to 
connect  his  premises  fronting  on  the  north  side  of  Thirteenth 
Street  east  of  Vine  Street,  No.  13,  with  his  property  north 
thereof,  fronting  on  the  north  side  of  Hay  Alley  ; said  bridge 
shall  be  constructed  under  direction  of  the  chief  engineer  of 
the  Board  of  Public  Service  and  the  inspector  of  buildings,  in 
such  manner  and  at  such  height  above  the  surface  of  said 
Hay  Alley  as  not  to  in  any  manner  interfere  with  the  passage 
thereunder  of  any  ordinary  vehicular  travel  or  of  any  vehicles 
in  the  service  of  the  fire  or  police  departments.  This  grant 
of  privilege  shall  be  for  a period  of  ten  years,  subject  to 
removal  of  such  bridge  upon  order  of  the  Council  of  the  city 
of  Cincinnati  or  the  Board  of  Public  Service  thereof,  or  the 
successors  of  such  Council  or  board,  whenever  the  same  shall 
be  found  to  interfere  in  any  manner  with  public  service  or 
travel. 

No.  593.  Passed  October  3,  1904. 

To  supplement  an  ordinance  entitled  “An  ordinance  establishing 
and  creating  the  office  of  superintendent  of  track  elevation  and 
subways,”  passed  June  15,  1903. 

Be  it  ordained  by  the  Council  of  the  City  of  Cincinnati,  State  of  Ohio : 

SEC.  1.  That  Section  2 of  an  ordinance  entitled  “An 
ordinance  establishing  and  creating  the  office  of  superintendent 
of  track  elevation  and  subways,  passed  June  15,  1903,  be  sup- 
plemented by  supplementary  section  as  follows  : 


564 


Ordinances  of  the  City  of  Cincinnati 


SKC.  2 -a.  The  superintendent  of  track  elevation  and  sub- 
ways may,  with  the  consent  of  the  Board  of  Public  Service, 
act  as  an  assistant  to  the  chief  engineer  of  said  board,  and 
discharge  any  of  the  duties  pertaining  to  such  chief  engineer, 
and  as  such  shall  be  subject  to  the  direction  and  control  of 
the  Board  of  Public  Service  and  such  chief  engineer.  He 
shall,  however,  receive  no  additional  compensation  for  services 
rendered  as  such  assistant. 

No.  643.  Passed  November  7,  1904. 

Agreeing-  upon  the  manner,  terms,  and  conditions  upon  which  the 
Louisville  & Nashville  Railroad  Company  may  use,  occupy,  and 
cross  over,  along-,  and  upon  the  streets,  alleys,  and  public  grounds 
of  the  City  of  Cincinnati  for  the  purpose  of  constructing,  main- 
taining, and  operating  an  extension  of  its  steam  railroad  from 
a point  at  or  near  pier  No.  1 on  the  Ohio  side  of  the  Newport 
and  Cincinnati  bridge  ill  the  City  of  Cincinnati  to  the  site  of  a 
proposed  depot  south  of  Water  Street,  between  Vine  and  Plum 
streets,  in  said  city. 

Be  it  ordained  by  the  Council  of  the  City  of  Cincinnati , State  of  Ohio: 

Sec.  1 . That  the  city  of  Cincinnati  does  hereby  grant 
unto  the  Louisville  & Nashville  Railroad  Company  the  right 
to  occupy,  use,  and  cross  over,  along,  and  upon  such  streets, 
alleys,  and  public  grounds  and  so  much  thereof  as  may  be 
necessary  to  construct,  maintain,  and  operate  a steam  railroad, 
extending  its  steam  railroad  from  a point  at  or  near  pier  No.  1 
on  the  Ohio  side  of  the  Newport  and  Cincinnati  bridge  in  the 
city  of  Cincinnati  to  the  site  of  a proposed  depot  south  of  Water 
Street,  between  Vine  and  Plum  streets,  in  said  city,  including 
switches  and  spur  tracks,  as  hereinafter  described,  and  as  shown 
on  the  plat  hereto  attached  and  made  a part  hereof.  The  route 
to  be  followed  by  said  railroad  extensions  shall  be  substantially 
as  follows  : Beginning  at  a point  at  or  near  said  pier  No.  1 ; 
thence  over  private  property  to  a point  in  the  south  side  of 
Front  Street  about  four  hundred  and  fifty  feet  east  of  the  east 
side  of  Lawrence  Street ; thence  west  over  the  south  sidewalk 
of  Front  Street  to  a point  about  two  hundred  and  forty-five  feet 
east  of  the  east  side  of  said  Lawrence  Street ; thence  over  pri- 


Ordinances  of  the  City  of  Cincinnati 


565 


vate  property  to  the  east  side  of  said  Lawrence  Street;  thence 
across  said  Lawrence  Street  to  Gifiin  Street ; thence  over  and 
along  Gifiin  Street  to  the  east  side  of  Ludlow  Street ; thence 
across  Ludlow  Street  to  the  west  side  thereof  ; thence  over 
and  along  private  and  public  property  westwardly  to  the  east 
side  of  Broadway ; thence  over  and  across  Broadway  and  the 
Public  Landing  and  Sycamore  and  Main  streets  produced  to 
the  west  side  of  Main  Street  produced ; thence  crossing  a 
portion  of  Water  Street  southwesterly  to  private  property ; 
thence  across  private  property  to  the  east  side  of  Walnut 
Street;  thence  across  Walnut  Street;  thence  across  private 
property  to  a point  thereon  east  of  Vine  Street;  thence  in  two 
diverging  lines  westwardly  and  across  Vine  Street  to  private 
property;  thence  westwardly  in  lines  diverging  from  points  in 
each  of  said  two  lines — ten  tracks  in  all,  as  shown  on  said 
plat — over  private  property  to  Race  Street,  across  Race  Street 
to  private  property,  across  private  property  to  Elm  Street,  and 
across  Elm  Street  to  private  property.  The  city  also  grants 
the  right  to  the  said  Louisville  & Nashville  Railroad  Company 
to  occupy,  use,  and  cross  over  Walnut,  Vine,  Race,  and  Elm 
streets,  for  the  purpose  of  constructing,  maintaining,  and 
operating  the  switch  or  spur  track  shown  on  said  plat,  com- 
mencing at  a point  between  Walnut  and  Main  streets,  and 
extending  west  on  an  elevated  structure  across  Walnut  Street, 
and  across  and  beyond  Vine,  Race,  and  Elm  streets. 

SEC.  2.  East  of  a point  between  Vine  and  Walnut  streets 
the  track  shall  be  laid  upon  an  elevated  structure,  and  in 
passing  across,  along,  or  upon  any  street,  alley,  or  public 
ground  said  structure  shall  be  of  such  height  and  character 
as  not  to  interfere  with  the  ordinary  travel  over  such  street, 
alley,  or  public  ground. 

Sec.  3.  West  of  said  point  between  Vine  and  Walnut 
streets  the  tracks  (other  than  that  for  the  elevated  spur  referred 
to  above)  shall  be  laid  upon  the  surface  of  the  ground. 

Sec.  4.  The  above  grant  to  use  and  occupy  the  streets, 
alleys,  and  public  grounds  aforesaid  is  hereby  declared  to  be 


566 


Ordinances  of  the  City  of  Cincinnati 


upon  the  terms,  conditions,  and  considerations  hereinafter  set 
forth , to-wit : 

First — The  said  Louisville  & Nashville  Railroad  Company 
shall,  at  its  own  expense,  acquire  the  private  property  neces- 
sary for  the  tracks  above  mentioned. 

Second — In  laying  its  track  or  tracks  along,  upon,  or  over 
any  of  said  streets,  alleys,  and  public  grounds,  the  said  Louis- 
ville & Nashville  Railroad  Company  shall,  wherever  said 
track  or  tracks  are  authorized  by  this  ordinance  to  be  laid 
upon  the  surface  of  the  streets,  alleys,  or  public  grounds, 
conform  to  the  grades  of  said  streets  or  alleys  and  public 
grounds.  All  tracks  shall  be  so  laid  or  constructed  as  not  to 
obstruct  unnecessarily  the  ordinary  passage  along  said  streets, 
alleys,  and  public  grounds.  If  it  shall  become  necessary  in 
the  location  and  construction  of  its  tracks  for  the  said  company 
to  change  in  any  place  or  places  the  then  existing  grade  of  any 
of  said  streets  or  alleys  or  public  grounds,  the  character  of 
such  change  of  grade  shall  be  delineated  on  a plat  to  be  filed 
in  the  office  of  the  city  clerk  and  approved  by  Council,  and 
the  work  in  accordance  with  such  plat  shall  be  done  under 
the  supervision  of  the  city  engineer ; and  provided  always 
that  said  company  shall,  at  its  own  expense,  provide  for  ample 
drainage  alongside  of  or  under  or  across  its  tracks  for  all  of 
the  rainfall  or  natural  watercourses  with  which  its  tracks 
might  otherwise  interfere,  and  for  that  purpose  shall  also 
make  all  necessary  gutters  and  culverts  for  such  drainage  ; 
provided,  however,  that  in  the  laying  and  constructing  of  its 
said  track  the  company  shall  be  permitted,  free  of  charge,  to 
tap  any  sewer  or  drain  constructed  by  the  city  of  Cincinnati 
at  any  point  on  the  line  of  said  railroad  for  the  purpose  of 
draining  the  tracks  or  grounds  of  said  company  ; and  shall, 
at  its  own  cost,  remove  any  earth  or  other  material,  and  do  all 
the  grading,  repaving,  and  other  work  which  may  be  necessary 
to  restore  the  said  streets  to  as  good  condition  as  they  were  in 
before  said  work  was  done;  and  so  long  as  said  tracks  shall 
remain  upon  the  surface  of  said  streets,  alleys,  or  public 


Ordinances  of  the  City  of  Cincinnati 


567 


grounds,  as  herein  authorized,  said  company  shall  keep  that 
portion  of  said  streets,  alleys,  and  public  grounds  lying  be- 
tween the  rails  of  the  track  or  tracks,  and  between  the  tracks 
where  more  than  one  track  is  laid  upon  any  street,  alley,  or 
public  ground,  and  for  one  foot  on  the  outside  of  each  outside 
rail  thereof,  in  good  repair,  of  the  same  material  as  is  used  by 
the  city  upon  other  portions  of  the  street,  alley,  or  public 
ground  adjacent  thereto.  And  if  at  any  time  said  company 
shall  remove  said  track  or  tracks  from  said  streets,  alleys,  or 
public  grounds,  it  shall  restore  the  said  streets,  alleys,  or 
public  grounds  to  the  same  grade  and  condition  as  are  the 
portions  thereof  which  are  maintained  by  the  city.  Any  por- 
tion of  the  pavements  of  said  streets  and  alleys,  including  the 
sidewalks,  which  it  may  be  necessary  to  take  up  or  disturb  in 
the  location  of  said  tracks  shall  be  properly  replaced  at  the 
expense  of  said  company. 

Third — The  said  company  shall  also  have  the  right  to 
construct  and  use  sidetracks  from  its  own  main  and  connect- 
ing tracks,  as  herein  authorized,  to  the  property  of  adjacent 
proprietors  and  shippers  of  freight  who  may  desire  the  same, 
and  to  its  proposed  depot  and  yards  west  of  Vine  Street ; pro- 
vided, however,  that  before  any  connecting  or  sidetracks  as 
provided  in  this  paragraph  shall  be  constructed  a plat  of  such 
proposed  track  or  tracks  shall  be  prepared  by  said  company, 
and  filed  with  and  approved  by  the  Board  of  Public  Service  or 
its  successors,  and  such  track  or  tracks  shall  be  laid  in  con- 
formity with  such  plat,  and  the  work  shall  be  done  under  the 
direction  of  the  engineer  appointed  by  said  board. 

Fourth — Upon  the  written  acceptance  of  this  ordinance  by 
the  said  Louisville  & Nashville  Railroad  Company,  filed  with 
the  city  clerk,  this  Ordinance  shall  thereby  become  operative 
and  binding  as  a contract  between  the  city  of  Cincinnati  and 
the  Louisville  & Nashville  Railroad  Company. 

SEC.  5.  Nothing  in  this  ordinance  contained  shall  be  held 
or  taken  to  confer  upon  said  railroad  company  any  right  or 
interest  in  the  private  property  of  any  person  or  company 


568 


Ordinances  of  the  City  of  Cincinnati 


adjacent  to  or  abutting  upon  the  streets,  avenues,  and  public 
ways  herein  authorized  to  be  used  or  occupied,  and  said 
company  shall  save  the  city  harmless  from  any  and  all  claims 
of  any  such  owner  for  loss  or  damage  by  reason  of  injury  to 
property  caused  by  such  use  and  occupation  of  such  streets, 
avenues,  and  public  ways. 

Sec.  6.  This  ordinance  shall  take  effect  and  be  in  force 
and  capable  of  acceptance  from  and  after  the  earliest  period 
allowed  by  law.  The  company  shall  have  ninety  days  in 
which  to  accept  this  ordinance.  If  not  accepted  within  ninety 
days  from  and  after  its  passage  this  ordinance  shall  become 
null  and  void. 

No.  646.  Passed  November  7,  1904. 

Granting-  to  the  Cincinnati  Beveling-  and  Silvering-  Company  the 
rig-ht  to  erect  and  maintain  an  iron  beam  across  Bard  Alley. 

Be  it  ordained  by  the  Council  of  the  City  of  Cincinnati,  State  of  Ohio: 

SEC.  1.  That  the  right  is  hereby  granted  to  the  Cincinnati 
Beveling  and  Silvering  Company  to  erect  and  maintain  above 
and  across  Bard  Alley  an  iron  X beam,  connecting  its  present 
factory  building  at  No.  430  Oliver  Street  with  a one-story 
storage  - room  on  Bard  Alley,  between  Oliver  and  Poplar 
streets. 

Sec.  2.  This  I beam  shall  be  placed  in  position  under 
the  direction  and  to  the  satisfaction  of  the  inspector  of  build- 
ings and  chief  engineer  of  the  Board  of  Public  Service,  in 
such  manner  that  vehicular  travel  shall  not  in  any  way  be 
interfered  with. 

Sec.  3.  The  city  of  Cincinnati  reserves  the  right  to  cause 
the  removal  of  said  I beam  if  at  any  time  it  should  be  found 
an  obstruction  to  vehicular  travel  or  to  the  vehicles  or  appli- 
ances of  the  fire  department  or  police  department. 


Ordinances  of  the  City  of  Cincinnati 


569 


No.  702.  Passed  December  27,  1904. 

Dispensing’  with  official  bonds  of  councilmen. 

Be  it  ordained  by  the  Council  of  the  City  of  Cincimiati,  State  of  Ohio : 

SEC.  1.  Hereafter  no  bonds  shall  be  required  of  any 
councilman  for  the  faithful  performance  of  his  duty  as 
councilman.  ' 

NO.  741.  Passed  January  23,  1905. 

Granting  right  for  construction  of  a vestibule  for  the  Traction 
Building. 

Be  it  ordained  by  the  Council  of  the  City  of  Cincinnati,  State  of  Ohio : 

Sec.  1.  That  permission  is  granted  to  the  Baltimore  & 
Ohio  Southwestern  Railroad  Company  to  construct  a vestibule 
at  the  entrance  to  their  freight  office  in  the  Traction  Building, 
on  Walnut  Street,  to  extend  upon  the  sidewalk  a distance  not 
to  exceed  two  and  one  half  feet  from  the  house  line  of  said 
building. 

Sec.  2.  Said  vestibule  to  be  constructed  in  accordance 
with  the  plan  to  be  approved  by  the  inspector  of  buildings, 
according  to  ordinances  of  the  city  or  statutes  of  the  State. 
Sec.  3.  This  right  shall  continue  until  revoked  by  Council. 

No.  504.  Passed  July  18,  1904. 

To  regulate  the  running  at  large  of  dogs,  to  provide  against  the 
injury  and  annoyance  therefrom,  and  to  authorize  the  disposition 
of  the  same  when  running  at  large  contrary  to  the  provisions 
of  this  ordinance  (as  amended  as  to  Section  11  by  Ordinance 
No.  583,  passed  September  26,  1904). 

Be  it  ordained  by  the  Council  of  the  City  of  Cincinnati , State  of  Ohio: 

Sec.  1.  That  from  and  after  the  first  day  of  September, 
1904,  it  shall  be  unlawful  for  any  person  owning  or  harboring 
any  animal  of  the  dog  kind  to  suffer  or  permit  such  animal 
to  run  at  large  in  any  of  the  streets,  alleys,  public  landings, 
market-spaces,  or  commons  of  the  city  until,  a permit  therefor 
is  obtained  from  the  city  auditor. 


570 


Ordinances  of  the  City  of  Cincinnati 


SEC.  2.  Such  permit  shall  be  granted  upon  application  to 
the  city  auditor,  shall  be  signed  by  the  city  auditor  or  one  of 
his  deputies,  and  shall  continue  in  force  until  the  first  day  of 
September  next  ensuing  after  its  issue.  Every  person  making 
such  application  shall  pay  a fee  of  one  dollar  into  the  city 
treasury,  such  fee  to  be  accepted  by  the  city  treasurer  on  a 
warrant  from  the  city  auditor. 

Sec.  3.  In  applying  for  such  permit  the  owner  shall  state 
in  writing  the  name,  sex,  breed,  age,  color,  and  character  of 
the  dog  — whether  vicious  or  gentle  — for  which  a permit  is  to 
be  procured  ; and  if,  in  the  opinion  of  the  auditor,  such  dog 
is  apt  to  be  dangerous  if  at  large,  such  permit  may  be  refused. 

Sec.  4.  The  owner  of  every  dog  for  which  such  permit 
is  issued  must  place  around  its  neck  a collar  to  which  shall 
be  attached  a metal  tag,  distinctly  marked  with  the  year  in 
which  it  is  issued,  and  a number  designated  by  the  city  auditor, 
which  number  shall  be  stated  in  the  permit  granted.  Such 
metal  tag  shall  be  furnished  by  the  city,  and  no  other  tag  shall 
be  used  as  a substitute  therefor. 

Sec.  5.  The  city  auditor  shall  copy  in  a book  to  be  provided 
for  that  purpose  a record  of  all  such  permits  granted,  with  the 
name  and  residence  of  the  person  to  whom  issued,  and  the 
number  designated  upon  the  metal  tag  furnished  therewith. 

SEC.  6.  Permits  granted  under  the  provisions  of  this  ordi- 
nance shall  date  from  the  first  day  of  September  of  each  year, 
and  must  be  renewed  on  expiration  by  the  payment  of  one 
dollar  for  each  renewal.  The  certificate  of  permission  of 
renewal  shall  be  granted  upon  an  application  similar  to  that 
made  in  applying  for  the  original  permit,  and  shall  state  the 
name  and  address  of  the  owner  of  the  dog,  and  also  the  num- 
ber of  such  permit  or  renewal.  No  permit  shall  be  transferred 
without  the  consent  of  the  city  auditor  indorsed  thereon. 

SEC.  7.  It  shall  be  lawful  for  any  police  or  peace  officer, 
or  any  person  duly  authorized  in  writing  by  the  mayor,  to 
capture,  seize,  and  deliver  to  the  public  pound,  or  any  suitable 
place  to  be  approved  by  the  mayor,  any  dog  found  to  be  run- 


Ordinances  of  the  City  of  Cincinnati 


571 


ning  at  large  in  any  of  the  streets,  alleys,  public  landings, 
market  - spaces,  or  commons  of  the  city  and  not  wearing  the 
metal  tag  as  provided  by  this  ordinance. 

Sec.  8.  Any  dog  so  seized  and  impounded  may  be  redeemed 
by  any  person  producing  the  permit  thereof  and  proving  own- 
ership of  such  dog  within  seventy-two  hours  after  such  seizure 
and  iinpoundage.  If  it  shall  be  shown  that  the  permit  so 
produced  was  issued  prior  to  the  time  when  such  dog  was  so 
seized  or  impounded,  no  payment  shall  be  exacted  for  the 
return  of  the  dog;  otherwise,  before  the  owner  shall  be  per- 
mitted to  resume  possession  of  the  said  dog  he  shall  pay  the 
sum  of  two  dollars  into  the  city  treasury  on  the  warrant  of  the 
city  auditor,  who  shall,  upon  production  of  a receipt  from  the 
city  treasurer  showing  the  payment  of  said  sum  of  two  dollars, 
issue  an  order  directing  the  return  of  such  dog  to  the  owner. 
If  the  owner  of  a dog  seized  or  impounded  under  the  provisions 
of  this  ordinance  does  not  resume  its  possession  by  compliance 
with  the  forgoing  provisions  within  seventy- two  hours  after 
the  seizure  and  impounding  thereof,  such  dog  shall  be  sold 
if  salable,  and  if  not  salable  killed. 

SEC.  9.  Whenever  the  mayor  shall  deem  it  necessary  for 
the  protection  of  the  public  he  shall  issue  an  order  prohibit- 
ing for  a certain  time  therein  specified  any  or  all  dogs  from 
running  at  large  in  any  public  street  or  place  in  the  city, 
unless  such  dogs  be  securely  muzzled  or  led  by  a line  or  chain 
so  as  to  effectually  prevent  them  from  biting  any  person  or 
animal.  Such  order  shall  be  published  in  some  newspaper 
published  in  the  city  for  such  time  as  the  mayor  shall  deem 
necessary. 

SEC.  10.  No  person  shall  molest  or  interfere  in  any  way 
with  any  officer  or  person  duly  authorized  under  the  provisions 
of  this  ordinance  while  engaged  in  performing  work  under 
the  provisions  of  this  ordinance.  .A  violation  of  any  of  the 
provisions  of  this  ordinance  shall  be  a misdemeanor,  and  upon 
conviction  thereof  shall  be  punished  by  a fine  of  not  more 
than  one  hundred  dollars. 


572 


Ordinances  of  the  City  of  Cincinnati 


SEC.  11.  The  Board  of  Public  Service  of  the  city  may, 
after  advertisement  for  bids  in  accordance  with  law,  contract 
with  any  person,  association,  or  corporation  presenting  the 
lowest  and  best  bid  for  the  capture,  impoundage,  and  disposi- 
tion of  all  dogs  running  at  large  contrary  to  the  provisions 
of  this  ordinance,  and  for  the  maintenance  and  shelter  of  lost, 
strayed,  or  harmless  dogs.  The  Board  of  Public  Service  may 
prescribe  in  the  contract  the  manner  in  which  the  work  is  to 
be  done  and  in  which  paymeuts  were  to  be  made  by  the  city 
thereunder.  When  such  contract  is  made  all  dogs  thereafter 
captured  or  seized  under  the  provisions  of  Section  7 of  this 
ordinance  shall  be  delivered  to  the  contractor,  to  be  held  or 
disposed  of  in  accordance  with  such  contract. 

Sec.  12.  The  provisions  of  this  ordinance  shall  not  apply 
to  dogs  owned  by  non-residents  passing  through  the  city,  nor 
to  dogs  brought  to  the  city  and  entered  for  exhibition  at  any 
dog-show. 

SEC.  13.  All  ordinances  inconsistent  with  the  provisions 
of  this  ordinance  are  hereby  repealed. 

No.  553.  Passed  August  29,  1904. 

Regulating-  the  construction,  erection,  and  maintenance  of  signs 
in  streets,  sidewalks,  alleys,  and  public  places  in  the  City  of 
Cincinnati. 

Be  it  ordained  by  the  Council  of  the  City  of  Cincinnati , State  of  Ohio: 

SEC.  1.  No  person  or  corporation  shall  set  up  or  place  or 
maintain  any  sign,  board,  or  other  devise  or  thing  whatever 
advertising  or  denoting  the  place  of  residence  or  business 
of  any  person,  firm,  or  corporation,  or  any  occupation,  or  the 
merchandise  or  thing  which  any  person,  firm,  or  corporation 
may  possess  or  have  to  dispose  of,  which  shall  extend  more 
than  twenty-four  inches  into  the  line  of  any  street,  thorough- 
fare, alley,  or  public  place,  unless  the  same  shall  be  twelve 
feet  above  the  level  of  the  sidewalk,  or  roadway  if  there  is  no 
sidewalk  ; and  where  such  sign  is  twelve  feet  or  more  above 
the  sidewalk,  or  roadway  if  there  is  no  sidewalk,  it  shall  not 
extend  into  the  street  beyond  the  curb-line  unless  suspended 


Ordinances  of  the  City  of  Cincinnati 


573 


from  and  of  as  great  a height  as  the  roof  of  the  building  to 
which  it  is  attached  or  in  front  of  which  it  is  located,  in  which 
case  it  may  extend  into  the  street,  subject  to  the  conditions 
of  Section  2 of  this  ordinance. 

Sec.  2.  No  sign  whatever  projecting  more  than  twelve 
inches  into  the  street  shall  be  erected  or  maintained  unless  a 
permit  therefor  is  obtained  from  the  Board  of  Public  Service, 
which  permit  shall  be  issued  only  when  the  plans  and  specifi- 
cations for  such  sign  have  been  approved  by  the  inspector  of 
buildings,  and  such  sign  shall  only  be  erected  or  maintained 
under  the' supervision  and  to  the  satisfaction  of  said  inspector 
of  buildings  and  said  Board  of  Public  Service. 

SEC.  3.  Any  person,  firm,  or  corporation  violating  any  of 
the  provisions  of  this  ordinance  shall  upon  conviction  thereof 
be  fined  in  an  amount  not  exceeding  one  hundred  dollars  for 
each  offense. 

Sec.  4.  An  ordinance  entitled  “An  ordinance  regulating 
the  construction  and  erection  of  signs  in  the  streets,  sidewalks, 
alleys,  and  public  places  in  the  city  of  Cincinnati,”  passed 
April  25,  1904,  is  hereby  repealed. 

No.  760.  Passed  February  7,  1905. 

To  prohibit  the  erection  of  buildings  within  certain  limits  unless 
the  outer  walls  be  constructed  of  iron,  brick  and  mortar,  or  stone, 
brick  and  mortar. 

Be  it  ordained  by  the  Council  of  the  City  of  Cincinnati , State  of  Ohio: 

SEC.  1.  That  the  erection  of  any  building  or  addition  to 
any  building  within  the  limits  bounded  by  Brewster  Avenue, 
Montgomery  Pike,  Jonathan  Street,  and  Woodburn  Avenue, 
unless  the  outer  walls  be  constructed  of  iron,  brick  and  mortar, 
or  stone,  brick  and  mortar,  be  and  the  same  is  hereby  prohibited. 

SEC.  2.  That  any  building  or  buildings,  or  any  addition 
to  any  building,  erected  contrary  to  the  provisions  of  this 
ordinance  shall,  after  thirty  days’  notice  to  the  owner  or  agent 
to  remove  the  same,  be  removed  by  the  fire  chief,  and  the 
expense  of  such  removal  charged  to  such  owner. 

[Note — This  applies  to  the  former  village  of  Evanston.] 


574 


Ordinances  of  the  City  of  Cincinnati 


No.  775.  Passed  February  20,  1905. 

Granting  to  the  Union  Grain  and  Hay  Company  right  to  erect  and 
maintain  a hay-scale. 

Be  it  ordained  by  the  Council  of  the  City  of  Cincinnati,  State  of  Ohio : 

That  right  is  hereby  granted  to  the  Union  Grain  and  Hay 
Company  to  erect  and  maintain  a hay-scale  in  Dublin  Street, 
between  Eighth  Street  and  Gilbert  Avenue,  in  the  rear  of  their 
new  elevator  building.  The  space  to  be  occupied  by  this  scale 
shall  be  ten  by  twenty  feet.  It  shall  be  constructed  under  the 
direction  of  the  Board  of  Public  Service  and  its  chief  engineer. 

NO.  776.  Passed  February  20,  1905. 

Regulating  the  use  of  Schorr  Alley. 

Be  it  ordained  by  the  Council  of  the  City  of  Cincinnati , State  of  Ohio: 

SEC.  1.  All  vehicles  using  Schorr  Alley,  between  McMillan 
Street  and  Warner  Street,  shall  enter  said  alley  from  McMillan 
Street,  and  proceed  thence  southwardly. 

SEC.  2.  Any  person  violating  the  provisions  of  this  ordi- 
nance shall  upon  conviction  thereof  be  fined  in  a sum  not 
more  than  ten  dollars  for  each  offense. 

No.  781.  Passed  February  27,  1905. 

Granting  the  Pittsburg,  Cincinnati,  Chicago  & St.  Louis  Railway 
Company  the  right  to  construct  and  maintain  scales  in  the  street 
and  sidewalk  on  the  north  side  of  Front  Street  at  a point  about 
one  hundred  and  fifty  feet  east  of  Broadway. 

Be  it  ordained  by  the  Council  of  the  City  of  Cincinnati , State  of  Ohio : 

Sec.  1.  That  the  Pittsburg,  Cincinnati,  Chicago  & St.  Louis 
Railway  Company  is  hereby  authorized  to  erect  and  maintain 
scales  in  the  street  and  sidewalk  on  the  north  side  of  Front 
Street  at  a point  about  one  hundred  and  fifty  feet  east  of 
Broadway. 

Sec.  2.  The  scales  to  occupy  a space  twenty  - five  feet 
two  inches  by  thirteen  feet  six  inches,  of  which  about  nine 
feet  five  and  one  half  inches  is  on  the  street  and  about  four 


Ordinances  of  the  City  of  Cincinnati 


575 


feet  one  half  inch  on  the  sidewalk  ; the  part  of  said  scales 
to  which  the  weights  are  attached  being  constructed  over  or 
under  the  sidewalk  to  the  property  on  the  north  side  of  Front 
Street. 

SEC.  3.  The  portion  of  the  street  affected  by  the  construc- 
tion of  the  scales  to  be  restored  and  maintained  in  good  con- 
dition during  the  time  of  the  occupancy  of  the  street. 

SEC.  4.  The  scales  to  be  changed  in  elevation  by  the  said 
company  to  suit  any  future  improvement  of  Front  Street. 

SEC.  5.  The  construction  and  maintenance  of  the  scales  and 
restoration  and  maintenance  of  the  street  to  be  at  the  expense 
of  the  said  company  and  under  the  supervision  of  the  engineer  ' 
of  the  Board  of  Public  Service. 

Sec.  6.  The  said  the  Pittsburg,  Cincinnati,  Chicago  & 
St.  Louis  Railway  Company  to  be  responsible  for  any  and  all 
injury  or  damage  to  persons  or  property  by  reason  of  the 
occupancy  or  use  of  the  street  as  herein  permitted. 

Sec.  7.  The  scales  to  be  removed  and  the  street  restored 
to  good  condition  at  any  time  by  the  said  company,  when  so 
ordered  by  Council,  upon  thirty  days’  notice. 

A RESOLUTION  Passed  January  23,  1905. 

Granting-  permission  to  the  Union  Grain  and  Hay  Company  to  erect 
a canopy  over  their  new  elevator  on  Reedy  Street. 

Resolved , That  permission  is  hereby  granted  to  the  Union 
Grain  and  Hay  Company  of  Cincinnati  to  erect  and  maintain 
along  the  front  of  their  new  elevator  building  on  Reedy  Street, 
between  Gilbert  Avenue  and  Eighth  Street,  a canopy  to  extend 
a distance  of  sixty-three  feet  along  the  length  of  the  building, 
and  to  project  over  the  sidewalk  a distance  of  nine  feet  beyond 
the  front  line  of  the  building.  This  canopy  shall  have  an 
angle  of  fifteen  degrees,  supported  by  steel  brackets,  about  six 
in  number,  and  covered  with  corrugated  iron. 


576 


Ordinances  of  the  City  of  Cincinnati 


A RESOLUTION  Passed  February  7,  1905. 

Approving  a plan  for  and  authorizing  a change  of  siding  in  the 
Front-street  connection  track  at  Front  and  Smith  streets. 

Be  it  resolved  by  the  Council  of  the  City  of  Cincinnati , State  of  Ohio : 

That  the  plan  submitted  by  the  Pennsylvania  Railroad 

Company,  as  shown  on  the  attached  blue  print,  for  a change 

in  the  siding  of  the  Front -street  connection  track  at  Front 

and  Smith  streets  for  the  accommodation  of  the  Globe  Rolling 

Mill  Company,  be  and  the  same  is  hereby  approved,  and  said 

railroad  company  is  hereby  authorized  to  make  such  change  in 

conformity  to  said  plat,  under  the  direction  and  to  the  satis- 

. faction  of  the  chief  engineer  of  the  Board  of  Public  Service. 

A RESOLUTION  Passed  February  13,  1905. 

Prohibiting  sandstone  curbing. 

Resolved , That  the  chief  engineer  of  the  Board  of  Public 
Service  be  instructed,  in  preparing  specifications  for  street 
improvements  under  direction  of  City  Council,  not  to  include 
any  sandstone  curbing  in  any  of  said  specifications  ; and  that 
the  clerk  certify  this  to  the  Board  of  Public  Service  and  to 
its  chief  engineer. 

Bond  Issues  Ordered  and  Repealed  : 

$50,000  Condemnation  purposes.  (Ord.  No.  282,  passed 
January  25,  1904.) 

$50,000  Hospital  Emergency  Fund.  (Ord.  No.  294,  passed 
February  1,  1904.) 

$7,500  Viaducts.  (Ordinance  No.  320,  passed  February 
23,  1904.) 

$300,000  City’s  portion  resurfacing,  repairing,  or  improving 
streets.  (Ord.  No.  344,  passed  March  14,  1904.) 

$250,000  City’s  portion  constructing  sewers,  drains,  and 
ditches.  (Ord.  No.  345,  passed  March  14,  1904.) 

$1,570.62  Sidewalk  construction  in  Hyde  Park.  (Ord. 
No.  362,  passed  March  21,  1904.) 


Ordinances  of  the  City  of  Cincinnati 


577 


$500,000  Cost  of  purchasing  and  condemning  land  for  park 
purposes.  (Ord.  No.  407,  passed  April  25,  1904.) 

$300,000  Constructing  and  repairing  viaducts.  (Ordinance 
No.  436,  passed  May  9,  1904.) 

$325,000  Fire  department  purposes.  (Ord.  No.  471,  passed 
June  13,  1904.) 

$30,000  Free  public  libraries.  (Ord.  No.  479,  passed  June 
24,  1904.) 

$200,000  City’s  portion  of  resurfacing  or  improving  streets. 
(Ord.  No.  521,  passed  August  1,  1904.) 

$25,000  Improving  and  completing  existing  parks.  (Ord. 
No.  526,  passed  August  8,  1904.) 

$30,000  Purchasing  or  condemning  land  for  highway  pur- 
poses. (Ord.  No.  536,  passed  August  8,  1904.) 

$36,000  Repairing  or  improving  existing  streets.  (Ord. 
No.  542,  passed  August  15,  1904.) 

$15,000  Free  public  libraries.  (Ord.  No.  651,  passed  No- 
vember 14,  1904.) 

$16,000  Free  public  libraries.  (Ord.  No.  679,  passed  De- 
cember 5,  1904.) 

$500,000  City’s  portion  of  resurfacing  or  improving  existing 
streets.  (Ord.  No.  723,  passed  January  16,  1905.) 

$250,000  Erecting  a hospital  and  procuring  real  estate 
therefor.  (Ord.  No.  733,  passed  January  23,  1905.) 

$75,000  Purchasing  or  condemning  land  for  highway  pur- 
poses. (Ord.  No.  752,  passed  January  30,  1905.) 

$20,000  Improving  and  repairing  Workhouse.  (Ordinance 
No.  757,  passed  February  7,  1905.) 

$30,000  Improving  and  repairing  House  of  Refuge.  (Ord. 
No.  758,  passed  February  7,  1905.) 

Repeal  of  ordinance  passed  September  21,  1903,  to  issue 
bonds  in  the  sum  of  $250,000  for  resurfacing  and  improving 
existing  streets,  but  not  affecting  $75,000  thereof  taken  by 
the  Sinking  Fund  Trustees.  (Ord.  No.  342,  passed  March 
14,  1904.) 


578 


Ordinances  of  the  City  of  Cincinnati 


Repeal  of  ordinance  passed  September  21,  1903,  to  issue 
bonds  in  the  sum  of  $250,000  for  city’s  portion  of  sewers, 
drains,  and  ditches,  but  not  affecting  $5,000  thereof  taken  by 
the  Sinking  Fund  Trustees.  (Ord.  No.  343,  passed  March 
14,  1904.) 

Repeal  of  ordinance  passed  May  11,  1903,  condemning  lots 
and  lands  for  play -ground  and  park  purposes — $1,000,000. 
(Ord.  No.  406,  passed  April  25,  1904.) 

Repeal  of  ordinance  passed  August  1,  1904,  to  issue  bonds 
in  sum  of  $25,000  for  purpose  of  improving  existing  parks. 
(Ord.  No.  525,  passed  August  8,  1904.) 

Repeal  of  ordinance  passed  August  15,  1904,  for  issue  of 
bonds  in  sum  of  $36,000  for  repairing  and  improving  existing 
streets.  (Ord.  No.  608,  passed  October  10,  1904.) 

Blocked  Squares : 

To  block  square  bounded  by  Oak  Street,  May  Street, 
Stanton  Avenue,  and  Tuxedo  Place.  (Ord.  No.  323,  passed 
February  23,  1904.) 

To  block  square  bounded  by  Freeman  Avenue,  Gest  Street, 
Dalton  Avenue,  and  Oehler  Street.  (Ord.  No.  416,  passed 
April  25,  1904.) 

To  block  square  bounded  by  Court,  Reedy,  Eighth,  and 
Lock  streets.  (Ord.  No.  754,  passed  February  7,  1905.) 

To  repeal  ordinance  to  block  square  bounded  by  Freeman, 
Garrard,  Gest,  and  Oehler  streets.  (Ord.  No.  280,  passed  Jan- 
uary 25,  1904.) 

To  repeal  ordinance  to  block  square  bounded  by  Ferry 
Street,  Eastern  Avenue,  Lewis  Street,  and  the  Ohio  River. 
(Ord.  No.  442,  passed  May  9,  1904.) 


Wagon-scales  in  Streets  authorized  : 

Metzger-Hill  Company,  west  side  of  President  Place.  (Ord. 
No.  467,  passed  June  13,  1904.) 


Ordinances  of  the  City  of  Cincinnati 


579 


Cincinnati  Southern  Railway  : 

A resolution  declaring  it  to  be  “ to  the  interest  of  the  city 
of  Cincinnati  that  the  Cincinnati  Southern  Railway  shall  be 
sold  ” was  passed  by  the  Board  of  Legislation,  on  request  of 
the  Sinking  Fund  Trustees,  on  April  10,  1896.  In  accordance 
with  this  action  a special  election  on  this  subject  was  held 
on  August  13,  1896,  the  result  thereof  being  a vote  for  the 
sale  of  15,493,  and  against  the  sale  15,931,  the  measure  being 
thus  defeated. 

City  Treasurer  and  Auditor  : 

By  resolution  of  the  Board  of  Legislation  of  August  7,  1900, 
the  city  treasurer  is  authorized  and  directed  to  act  as  custodian 
of  the  fund  arising  from  the  sale  of  certain  Cincinnati  Hospital 
bonds.  The  auditor  is  authorized  to  create  the  Cincinnati 
Branch  Hospital  Improvement  Fund. 

Names  of  Streets  and  Alleys  : 

Dieckmann  Alley,  west  from  Bogen  Street,  named.  (Ord. 
No.  401,  passed  April  18,  1904.) 

Curtis  Street,  between  Kemper  Lane  and  South  Elm  Street, 
change  to  Cross  Lane.  (Ord.  No.  703,  passed  December  27, 
1904.) 

Sullivan  Alley  change  to  Townsend  Street.  (Ord.  No.  762, 
passed  February  7,  1905.) 

Notice  of  Change  in  Names  of  Streets,  passed  April  h,  1902 

Resolved , That  it  shall  be  the  duty  of  the  clerk  of  this 
body  to  cause  notice  to  be  published  in  at  least  one  English 
and  one  German  paper  of  the  pendency  herein  of  any  ordi- 
nance to  change  the  name  of  any  street  or  other  public  way 
or  place  of  Cincinnati  ; provided  that  such  name  be  not  in 
duplicate  in  the  list  of  such  streets  or  other  public  ways,  and 
that  final  action  shall  not  be  taken  upon  such  an  ordinance 


580 


Ordinances  of  the  City  of  Cincinnati 


until  the  clerk  shall  notify  the  board5  that  such  notice  has 
been  given. 

Deputy  Inspectors  of  Buildings  : 

By  Ordinance  No.  287,  passed  February  1,  1904,  two  addi- 
tional temporary  deputy  inspectors  of  buildings  were  provided 
for  for  six  months,  at  a salary  of  one  hundred  and  fifty  dollars 
each  per  month. 

The  Gamble  Fountain,  passed  April  21, 1902 

Resolved  by  the  Board  of  Legislation  of  the  City  of  Cincinnati , 
That  the  fountain  known  as  the  “Gamble  Fountain,”  located 
at  or  near  the  intersection  of  Harrison  Avenue  and  Fpworth 
Avenue,  be  designated  as  a public  watering-fountain  for  man 
and  beast,  and  that  the  same  be  cared  for  in  the  same  manner 
as  other  public  watering-fountains  specially  mentioned  in  the 
ordinance  passed  July  27,  1894. 

Right  or  Franchise,  passed  April  28, 1902 

Every  ordinance  introduced  for  the  purpose  of  granting  a 
right  or  franchise  to  any  individual,  company,  or  corporation 
shall  be  accompanied  by  at  least  one  hundred  printed  copies 
thereof,  with  lines  numbered  and  in  the  usual  form  ordered 
by  the  clerk,  which  printing  shall  be  at  the  expense  of  the 
individual,  company,  or  corporation  asking  for  the  franchise. 

Removal  of  Cable  Tracks  from  Dorchester  Avenue. 

Passed  October  26,  1903 

Be  it  resolved  by  the  Council  of  Cincinnati , That  the  Cin- 
cinnati Traction  Company  be  required  to  remove  the  old 
cable  tracks  on  Dorchester  Avenue,  from  Josephine  Street 
to  Highland  Avenue. 


Ordinances  of  the  City  of  Cincinnati 


581 


Free  Public  Bath-House,  passed  September  29, 1902 

Whereas , The  Board  of  Police  Commissioners  have  notified 
this  board  that  they  are  about  to  abandon  the  property  known 
as  No.  1523  Bremen  Street,  now  occupied  as  a police  station, 
and  surrender  the  same  to  the  custody  and  control  of  this 
board  ; 

And  whereas , The  said  board  of  Police  Commissioners 
have  recommended  that  said  property  be  used  for  free  public 
bath-house  purposes  ; 

And  whereas , It  is  the  sense  of  this  board  that  said  property 
can  be  used  for  bath-house  purposes  to  greater  advantage  than 
in  any  other  way  : 

Therefore  be  it  resolved , That  upon  the  abandonment  of 
said  premises  by  the  said  police  commissioners  said  property 
be  devoted  to  and  used  for  a free  public  bath-house. 

And  be  it  further  resolved , That  the  Board  of  Public  Service 
be  requested  to  forthwith  have  plans  made  of  the  changes 
necessary  in  said  premises  to  make  them  available  for  bath- 
house purposes,  together  with  an  estimate  of  the  cost  and 
expense  of  such  changes,  and  report  the  same  to  this  board. 

Auditor  to  Advertise  and  Sell  Bonds,  passed  jan.  4, 1904 

Whereas , The  Board  of  Trustees  of  the  Sinking  Fund  of 
the  city  of  Cincinnati,  by  reason  of  the  approaching  maturity 
of  a large  number  of  city  bonds,  has  declined  to  take  street 
improvement  bonds  the  issue  of  which  is  provided  for  by 
ordinances  of  Council  in  proceeding  for  the  improvement  of 
streets,  and  it  therefore  becomes  necessary  to  offer  said  bonds 
for  sale  : 

Now  therefore  be  it  resolved  by  the  Council  of  the  City  of 
Cincinnati , That  the  auditor  of  said  city  be  and  he  is  hereby 
authorized  to  advertise  and  sell  said  bonds  as  provided  by 
law,  and  to  pay  the  proceeds  of  such  sale  to  the  city  treasurer. 


582 


Ordinances  of  the  City  of  Cincinnati 


Purchase  of  Glen  way  Avenue  Turnpike,  passed  jan.  19, 1903 

Whereas , The  city  of  Cincinnati  has  recently  annexed  as  a 
part  of  said  city  the  territory  comprising  the  Warsaw  Special 
School  District  No.  1 of  Delhi  Township,  Hamilton  County, 
Ohio  ; 

And  whereas , The  Glen  way  Avenue  Turnpike,  one  and  one 
third  miles  in  length  and  owned  by  the  Glenway  Avenne 
Turnpike  Company,  is  wholly  within  the  city  limits  so 
extended  ; 

And  whereas , Said  company  is  collecting  tolls  upon  said 
toll  road  as  heretofore  ; 

And  whereas , It  is  desirable  that  the  city  acquire  said  toll 
road,  as  provided  in  Section  8491,  Revised  Statutes  of  Ohio  ; 

And  whereas , Said  company  has  offered  to  sell  said  toll 
road  to  the  city  for  the  sum  of  $18,300  ; 

And  whereas , Said  sum  is  deemed  the  reasonable  and  fair 
value  of  said  toll  road  : 

Therefore  be  it  resolved , That  the  city  of  Cincinnati  does 
hereby  accept  said  offer  of  said  turnpike  company,  and  does 
hereby  purchase  from  said  the  Glenway  Avenue  Turnpike 
Company  said  toll  road,  and  that,  upon  the  payment  of  said 
sum  as  aforesaid,  said  the  Glen  way  Avenue  Turnpike  Company 
convey  by  a good  and  sufficient  deed  to  said  city  of  Cincinnati 
the  property  aforesaid. 

Pipe  across  Produce  Alley,  passed  June  15, 1903 

Be  it  resolved  by  the  Council  of  the  City  of  Cincinnati , That 
permission  is  hereby  granted  to  the  Lippincott  & Cree  Com- 
pany to  erect  and  maintain  a four-inch  pipe  to  convey  steam 
across  Produce  Alley  to  their  engine-room,  the  pipe  to  be  at 
a height  from  the  ground  and  erected  in  such  a manner  so 
as  not  to  interfere  with  the  traffic  of  vehicles  passing  through 
the  said  Produce  Alley,  and  that  the  city  of  Cincinnati, 
through  its  Council,  reserves  the  right  at  any  time  to  revoke 
this  permit. 


Ordinances  of  the  City  of  Cincinnati 


583 


Thanks  tendered  Andrew  Carnegie,  passed  APni  13, 1903 

Whereas , Andrew  Carnegie  has  agreed  to  furnish  the  sum 
of  one  hundred  and  eighty  thousand  dollars  to  the  trustees  of 
the  Public  Library  of  the  School  District  of  Cincinnati  for  the 
building  of  branch  libraries,  on  condition  that  said  trustees 
furnish  the  sites  for  said  buildings  and  maintain  free  public 
libraries  in  same  at  an  annual  cost  of  not  less  than  ten 
per  cent  of  the  cost  of  construction  of  each  branch  library 
building  ; 

And  whereas , The  said  trustees  have  accepted  the  donation 
on  the  conditions  stated  : 

Now  therefore  be  it  resolved , That  the  thanks  of  the  people 
of  Cincinnati  are  due  and  are  hereby  tendered  to  Mr.  Carnegie 
for  his  munificent  and  useful  gift,  and  that  this  Board  of 
Legislation  of  the  city  of  Cincinnati  approved  of  the  action 
of  the  Board  of  Trustees  of  the  Public  Library  of  the  School 
District  of  Cincinnati  in  accepting  said  donation,  and  in  agree- 
ing to  maintain  said  branch  libraries. 

Be  it  further  resolved , That  the  city  clerk  of  Cincinnati 
transmit  to  Mr.  Andrew  Carnegie  a certified  copy  of  this 
resolution. 

Change  of  Time-table  for  City  Lighting,  passed  jan.  is,  1904 

Resolved  by  the  Council  of  the  City  of  Cincinnati , State  of 
Ohio , That  the  time-table  for  lighting  and  extinguishing 
public  lamps  in  the  city  of  Cincinnati,  adopted  by  the  City 
Council  May  1,  1868,  be  so  modified  that  on  each  day  during 
the  months  of  October,  November,  December,  January,  Feb- 
ruary, and  March  the  lighting  of  the  lamps  shall  be  continued 
each  morning  one  half  an  hour  longer  than  is  specified  in  said 
time-table;  and  that  during  the  months  of  April,  May,  June, 
July,  August,  and  September  the  lamps  shall  be  extinguished 
one  half  hour  earlier  than  is  therein  specified. 


584 


Ordinances  of  the  Citv  of  Cincinnati 


Moving  of  Electric  Lights,  passed  December  7, 1903 

Resolved  by  the  Council  of  the  City  of  Cincinnati , That 
when,  in  the  opinion  of  the  Board  of  Public  Service,  it 
becomes  necessary  to  shift  electric  lights  heretofore  located, 
said  Board  of  Public  Service  be  and  it  is  hereby  authorized 
to  shift  and  relocate  electric  lights  subject  to  the  terms  and 
conditions  as  to  the  payment  of  the  expense  thereof  set  forth 
in  the  contract  for  street  lighting  heretofore  entered  into  by 
the  city  with  the  Cincinnati  Gas  and  Electric  Company. 

The  Garbage  Contract. 

The  prices  per  annum  under  the  present  contract  are  as 
follows  : 


Portion  of 

1902  . . . . 

. . . 43,600 

1903  . . . . 

. . 76,600 

1904  . . . . 

, . . 77,500 

1905  . . . , 

. . . 78,500 

1906  . . . . 

. . . 80,400 

Portion  of 

1907  . . . , 

. . . 35,400 

Total 

. . . $392,000 

LINES  OF  CINCINNATI  TOWNSHIP 

MADE  COEXTENSIVE  WITH  THE  CORPORATE  EIMITS  OF  THE  CITY  OF 
CINCINNATI  AS  ENEARGED  BY  ANNEXATION. 

Resolution  of  the  Commissioners  of  Hamilton  County 

(Passed  April  12,  1904) 

Whereas , This  Board  of  County  Commissioners  has  re- 
ceived the  following  resolution  from  the  Council  of  the  city 
of  Cincinnati,  to-wit : 

“Be  it  resolved  by  the  Council  of  the  City  of  Cincinnati,  State  of  Ohio, 
That  the  honorable  County  Commissioners  of  Hamilton  County,  Ohio,  be 
petitioned  and  requested  to  change  the  township  lines  of  Cincinnati  Town- 
ship so  as  to  include  within  the  limits  thereof  all  that  part  of  Columbia 


Ordinances  of  the  City  of  Cincinnati 


585 


and  Millcreek  townships  included  in  the  territory  formerly  within  the 
corporate  limits  of  the  former  villages  of  Hyde  Park,  Evanston,  Bond  Hill, 
and  Winton  Place. 

“Also  the  following  described  territory  known  as  Oklahoma:  Commenc- 
ing at  the  intersection  of  Mill  Creek  with  the  south  line  of  Section  27, 
Millcreek  Township ; thence  west  along  the  south  line  of  Section  27, 
Millcreek  Township,  to  the  west  line  of  said  section ; thence  north  along 
the  west  line  of  Sections  27  and  28,  Millcreek  Township,  to  the  West  Fork 
Creek;  thence  southwardly  along  the  West  Fork  Creek  to  Mill  Creek; 
thence  along  Mill  Creek  to  the  place  of  beginning. 

“Also  the  following  described  territory  lying  between  Mill  Creek  and 
the  Miami  and  Erie  Canal,  and  being  that  part  of  Spring-Grove  Cemetery 
which  lies  south  of  Spring-Grove  Avenue : Commencing  where  the  Miami 
and  Erie  Canal  intersects  the  east  line  of  Section  22,  Millcreek  Township; 
thence  southwestwardly  along  said  canal  to  the  eastern  boundary  line  of 
the  Twenty-third  Ward  of  the  city  of  Cincinnati;  thence  northwestwardly 
along  said  boundary  line  to  the  center  line  of  Mill  Creek;  thence  northeast- 
wardly along  said  center  line  of  Mill  Creek  to  the  east  line  of  Section  22, 
Millcreek  Township ; thence  south  along  said  section  line  to  the  place  of 
beginning. 

“ Also  the  following  described  territory  lying  in  Sections  3 and  4, 
Millcreek  Township:  Beginning  at  a point  where  the  former  north  cor- 
poration line  of  Evanston  intersects  the  former  eastern  corporation  line 
of  Cincinnati,  north  of  Tangdon  Avenue ; thence  east  along  the  former 
north  corporation  line  of  Evanston  to  the  west  corporation  line  of  Norwood; 
thence  northwardly,  following  the  west  line  of  Norwood,  to  a point  where 
said  line  extends  westwardly  to  the  Reading  Road ; thence  west  with  the 
south  line  of  said  extension  of  the  corporation  line  of  Norwood  to  the 
Reading  Road;  thence  northeastwardly  along  the  corporation  line  of 
Norwood,  following  the  line  of  Reading  Road,  to  a point  where  the  cor- 
poration line  extends  eastwardly  from  Reading  Road ; thence  eastwardly 
with  said  corporation  line  to  a point  where  the  said  corporation  line 
extends  northwardly ; thence  northwardly,  eastwardly,  and  northwardly, 
following  the  west  corporation  line  of  Norwood,  to  the  north  line  of 
Section  4,  Millcreek  Township;  thence  west  along  the  north  line  of 
Section  4,  Millcreek  Township,  to  the  eastern  boundary  line  of  the  former 
village  of  Bond  Hill,  being  the  west  line  of  Reading  Road ; thence  south- 
westwardly with  the  west  line  of  Reading  Road  to  the  former  north 
corporation  line  of  Cincinnati ; thence  southeastwardly  along  the  former 
corporation  line  of  Cincinnati  to  the  southeastwardly  side  of  Reading 
Road ; thence  southwest  along  the  southeast  line  of  Reading  Road  to 
the  south  line  of  Hopkins  Avenue ; thence  east  along  the  south  line  of 
Hopkins  Avenue  to  the  former  east  corporation  line  of  the  city;  thence 
south  along  said  east  corporation  line  to  a point  where  the  former  north 
corporation  line  of  Evanston  intersects  the  former  east  corporation  line 
of  the  city  of  Cincinnati,  north  of  Eangdon  Avenue,  to  the  place  of 
beginning. 


586 


Ordinances  of  the  City  of  Cincinnati 


“All  of  the  territory  indicated  by  said  description  being  now  within 
the  corporate  limits  of  the  city  of  Cincinnati ; said  action  to  be  taken  in 
accordance  with  provision  of  Section  1380  of  the  Revised  Statutes  of  Ohio, 
so  that  the  lines  of  Cincinnati  Township  may  be  coextensive  with  those 
of  the  city  of  Cincinnati. 

“ And  be  it  further  resolved , That  the  city  solicitor  be  instructed  to 
present  the  foregoing  resolution  to  the  honorable  County  Commissioners 
of  Hamilton  County,  Ohio,  duly  authenticated,  and  that  he  urge  a com- 
pliance therewith.” 

And  whereas , The  certificate  of  the  city  clerk  attached 
to  said  resolution  shows  that  the  foregoing  resolution  is  a 
correct  copy  from  the  journal  of  the  city  of  Cincinnati,  kept 
under  the  authority  and  by  direction  of  the  Council  thereof : 
Therefore 

Be  it  resolved  by  the  Board  of  County  Commissioners , That 
the  township  lines  of  Cincinnati  Township  be  so  changed  as 
to  include  within  the  limits  thereof  all  that  part  of  Columbia 
and  Millcreek  townships  in  the  territory  formerly  within  the 
corporate  limits  of  the  former  villages  of  Hyde  Park,  Evanston, 
Bond  Hill,  and  Winton  Place,  also  the  territory  formerly  known 
as  Oklahoma  and  more  particularly  described  in  the  foregoing 
resolution,  and  that  said  territory  be  and  it  is  hereby  annexed 
to  the  township  of  Cincinnati,  and  that  the  boundaries  of 
Cincinnati  Township  be  and  they  are  hereby  enlarged  in 
accordance  therewith. 

Be  it  further  resolved , That  the  plat  accompanying  this 
resolution,  showing  the  boundary  of  the  said  territory  lying 
in  said  township  aforesaid,  be  placed  on  record  in  the  office 
of  the  county  engineer  of  Hamilton  County,  Ohio,  as  a public 
record. 

Resolution  of  the  Commissioners  of  Hamilton  County 

(Passed  April  23,  1904.) 

Whereas , This  Board  of  County  Commissioners  has  re- 
ceived the  following  resolution  from  the  Council  of  the  city 
of  Cincinnati,  to-wit  : 

“ Be  it  resolved  by  the  Council  of  the  City  of  Cincinnati,  State  of  Ohio 
(two  thirds  of  all  the  members  elected  thereto  concurring),  That  the 
honorable  County  Commissioners  of  Hamilton  County  be  petitioned  and 


Ordinances  of  the  City  of  Cincinnati 


587 


requested  to  change  the  township  lines  of  Cincinnati  Township  so  as  to 
include  within  the  limits  thereof  all  that  part  of  Delhi  Township  now 
within  the  corporate  limits  of  the  city  of  Cincinnati,  described  as  fol- 
lows : Commencing  at  a point  in  the  northeast  corner  of  Section  6,  Delhi 
Township,  which  point  lies  also  in  the  west  corporation  line  of  the  city 
of  Cincinnati ; thence  west  along  the  north  line  of  Sections  6 and  12  of 
said  township  to  a point  midway  between  the  east  and  west  lines  of 
Section  12,  said  point  being  in  the  half  section  line  ; thence  south  on  a 
straight  line  along  said  half  section  line  and  a road  west  of  the  St.  Joseph’s 
Cemetery  to  the  south  line  of  said  Section  12  and  the  Foley  Road;  thence 
east  along  the  south  lines  of  Sections  12  and  6 to  the  east  line  of  Section  6, 
which  point  lies  in  what  was  formerly  the  west  corporation  line  of  the 
city  of  Cincinnati ; thence  north  along  the  east  line  of  Section  6 and 
what  was  formerly  the  west  corporation  line  of  the  city  of  Cincinnati  to 
the  place  of  beginning.  This  petition  to  be  made  and  presented  in 
accordance  with  the  provisions  of  Section  1380  of  the  Revised  Statutes, 
so  that  the  lines  of  Cincinnati  Township  may  be  coextensive  with  the  city 
of  Cincinnati. 

“ And  be  it  further  resolved,  That  the  city  solicitor  be  instructed  to 
present  the  foregoing  resolution  to  the  honorable  County  Commissioners 
of  Hamilton  County,  Ohio,  duly  authenticated,  and  that  he  urge  a com- 
pliance therewith.” 

And  whereas , The  certificate  of  the  said  clerk  attached 
to  the  said  resolution  shows  that  the  foregoing  is  a correct 
copy  from  the  journal  of  the  city  of  Cincinnati,  kept  under 
authority  and  direction  of  the  Council  : Therefore 

Be  it  resolved  by  the  Board  of  County  Commissioners , That 
the  township  lines  of  Cincinnati  Township  be  so  changed  as 
to  include  within  the  limits  thereof  all  that  part  of  Delhi 
Township  now  within  the  corporate  limits  of  the  said  city  of 
Cincinnati  as  hereinbefore  more  particularly  described,  and 
they  are  hereby  annexed  to  the  township  of  Cincinnati ; and 
it  is  ordered  that  the  boundaries  of  Cincinnati  Township  be 
and  they  are  hereby  enlarged  in  accordance  therewith. 

Be  it  further  resolved , That  the  plats  accompanying  this 
resolution,  showing  the  boundaries  of  the  said  territory  lying 
in  said  Delhi  Township  aforesaid  herein  annexed  to  the 
township  of  Cincinnati,  be  placed  on  record  in  the  office  of 
the  county  engineer  of  Hamilton  County,  Ohio,  as  a public 
record. 


588 


Ordinances  of  the  City  of  Cincinnati 


No.  791.  Passed  March  6,  1905. 

Providing-  for  the  payment  of  the  premiums  upon  official  bonds 
sig-ned  by  surety  companies. 

Be  it  ordained  by  the  Council  of  the  City  of  Cincinnati , State  of  Ohio: 
SEC.  1.  Whenever  bonds  and  undertakings  are  required 
for  the  faithful  performance  of  official  duty,  or  for  the  faithful 
keeping,  applying,  or  accounting  of  public  funds  or  property 
by  officials  of  the  city  of  Cincinnati  or  employees  thereof,  or 
for  one  or  more  of  such  purposes,  and  such  officer  or  employee 
duly  files  or  has  duly  filed  a bond  or  undertaking  signed  by 
a company  or  companies  authorized  by  the  laws  of  this  state 
to  guarantee  the  fidelity  of  persons  holding  places  of  public 
trust,  the  premium  charged  by  said  company  or  companies  for 
so  becoming  surety  or  sureties,  if  the  term  of  such  official  or 
the  period  for  which  said  employee  is  employed  or  appointed 
has  not  yet  expired,  shall  be  paid  to  such  surety  or  sureties 
out  of  the  funds  provided  for  the  maintenance  and  expenses 
of  the  department  over  which  such  officer  or  employee  has 
charge  or  in  which  he  is  serving ; provided,  however,  that  the 
premium  shall  in  no  case  exceed  in  the  aggregate  one  half  of 
one  per  cent  per  annum  of  the  amount  of  such  bond  or  under- 
taking. Unless  such  bond  or  undertaking  shall  be  double  the 
amount  of  the  liability  of  the  party  principal  therein,  then 
such  premium  shall  not  exceed  in  the  aggregate  one  fourth 
of  one  per  cent  per  annum  on  the  amount  of  such  bond  or 
undertaking  ; provided,  further,  that  such  company  or  com- 
panies so  becoming  surety  shall  have  complied  and  continue  to 
comply  with  the  laws  of  this  state  relative  to  such  companies, 
and  with  such  requirements  as  may  be  prescribed  by  the  head 
of  the  department  and  the  officer  required  to  approve  or  reject 
the  same. 


